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Full text of "The Iowa journal of history and politics"

GENEALOGY 
977 .1 
P176C 
1917 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/iowajournalofhis15stat 



THE IOWA JOUMAL OF HISTORY 
AND POLITICS 



THE 



IOWA JOURNAL 

OF 



HISTORY AND POLITICS 



EDITOR 

BENJAMIN F. SHAMBAUGH 

PROFESSOR OF POLITICAL SCIENCE 
IN THE UNIVERSITY OF IOWA 



VOLUME XV 
1917 



PUBLISHED QUARTERLY BY 
THE STATE HISTOEICAL SOCIETY OF IOWA 
IOWA CITY IOWA 
1917 



COPYRIGHT 1917 BY 
THE STATE HISTORICAL SOCIETY OF IOWA 



CONTENTS 
Number 1 — January 1917 

Special Legislation in Iowa Ivan L. Pollock 3 

Recent Liquor Legislation in Iowa Dan E. Clark 42 
History of the Congregational Church of Iowa City 

Joseph S. Heffner 70 

Some Publications 113 

Western Americana 122 

lowana 126 

Historical Societies 137 

Notes and Comment 148 

Contributors 152 

Number 2 — April 1917 

The Executive Veto in Iowa Jacob A. Swisher 155 

History and Constitution of the Icarian Community 

Translated by Thomas Teakle 214 

Some Publications 287 

Western Americana 295 

lowana 297 

Historical Societies 307 

Notes and Comment 318 

Contributors 320 



vi 



CONTENTS 
IsTuMBER 3 — July 1917 



The Enlistment of Iowa Troops During the Civil "War 

John E. Briggs 323 

The Military-Indian Frontier 1830-1835 

Ruth A. Gallaher 393 

Council with the Sac and Fox Indians in 1840 429 

Some Publications 437 

"Western Americana > 443 
lowana ' : 

Historical Societies ' 451 

Notes and Comment 463 

Contributors 464 



Number 4 — October 1917 

The Iowa War Loan of 1861 Ivan L. Pollock 467 

The Legislation of the Thirty-seventh General Assembly 

of Iowa Frank Edward Horack 503 

Some Publications ^ 571 

Western Americana 574 

lowana 576 

Historical Societies r 

Notes and Comment 591 

Contributors 592 

Index 593 




Iowa Journal 

Historj^andPolitics 



JANUARY 1917 




Publisked Qtic 

THE STATE fflSTOMC ^ 



Entered December 26 1903 f 



EDITOR 
BENJAMIN SHAMBAUGH 
Associate Editor, DAN E, CLARK 



Vol XV J ANUAR Y 191T 1 



CONTENTS 



Special Legislation in Iowa Ivais- L. Pollock 3 

Eecent Liquor Legislation in Iowa Dan E. Olabk 42 

History of tlie Congregational Chureli of Iowa City 

Joseph S. Heffnek 70 



Some Publications 
Western Americana 
lowana . 

Historical Societies 

Notes and Comnaent 

Contributors 



113 

122 

126 

137 

148 

152 



Copyright 1917 hy The State Historical Society of Iowa 



THE IOWA JOURNAL OF HISTORY AND POLITICS 

Published Quarterly 

AT IOWA CITY 

SUESCEIPIIOK Peioe; $2.00 SISGLE NUKBKR: 50 CBKT 

Address all Communications to 
Thb State Histoeioal Society Iov/a City Iowa 



THE IOWA JOURNAL OF HISTORY AND POLITICS 

JANUARY NINETEEN HUNDRED SEVENTEEN 
VOLUME FIFTEEN NUMBER ONE 



VOL. XV — 1 



1 




SPECIAL LEGISLATION IN IOWA 

The State legislature has full and complete power to 
legislate, subject only to such restrictions as are incor- 
porated in the State Constitution and to the limitations 
which are contained in the Constitution of the United 
States. It is not restricted to the exercise of specifically 
defined powers, but is invested with authority to enact laws 
practically at its own discretion. Having this broad power 
State legislatures developed the habit of enacting local 
and special laws which benefited individuals and locali- 
ties without regard to the welfare of the whole State. The 
enactment of this type of legislation was so frequently ac- 
companied by abuse that nearly all of the States have taken 
steps to restrict their legislatures in such enactments. 

I 

DEFINITION OF SPECIAL LEGISLATION 

It is important in any- discussion of special legislation to 
distinguish at the very outset between the different kinds of 
laws which may be enacted by an American State legisla- 
ture, namely, general or public laws, special laws, and local 
laws. At the same time it is not easy to define these classes 
of statutes so clearly that any law may be placed at once 
and without question in one of the groups named. 

According to Webster the word general" relates to a 
genus or kind : it pertains to a whole class or order. Tims 
a general law is not designed for one or more particular 
persons ; nor does it operate exclusively in any particular 
part or subdivision of the State. It is a measure that af- 
fects the welfare of the State as a unit: it is an answer to a 
public need. On the other hand, a general law does not nee- 



4 IOWA JOURNAL OF HISTORY AND POLITICS 



essarily operate upon all persons or all things within the 
State. ^'Provided that an Act be not expressly limited to 
operate upon particular persons or in particular localities, 
it is enough to constitute it a general Act, first, that it 
should operate wherever the circumstances to which it is 
applicable exist in the State, and secondly, that it should 
operate uniformly, i. e., upon ^ every person who is brought 
within the relations and circumstances provided for,' with- 
out regard to the number of such persons as compared with 
the whole population of the State. Moreover, an act may 
be general if it operates upon one or more particular condi- 
tions as distinguished from persons and localities. If the 
law operates upon a particular condition and attaches to it 
certain consequences, and if whenever that condition exists 
the consequences follow and where the conditions do not 
exist the consequences do not follow, the law is general and 
of uniform operation.^ A general law then is one which 
applies equally to and operates uniformly upon all persons 
subject to the authority of the State, or upon any class of 
persons, places, or things that require because of some es- 
sential characteristic, legislation peculiar thereto. 

A special law, on the other hand, is one which operates 
upon particular persons and private concerns.^ It applies 
only to a group of persons or things which really do not 
form a separate or distinct class as regards the subject-mat- 
ter of the special law in question. A special law relates 
either to particular persons, places, or things ; or it relates 
to persons, places, or things which though not particular- 

1 Binney 's Bestrictions upon Local and Special Legislation in State Constitu- 
tions, p. 22. See also McAunich v. The Mississippi and Missouri Railroad Com- 
pany, 20 Iowa 338, at 343 ; and McCormiek v. Eusch, 15 Iowa 127, at 129. 

Mr. C. C. Binney 's Bestrictions upon Local and Special Legislation in State 
Constitutions appears to be the most complete and satisfactory treatment of 
this subject. 

2 Haskel v. The City of Burlington, 30 Iowa 232, at 237. 

3 Town of McGregor v. Baylies, 19 Iowa 43, at 46. 



SPECIAL LEGISLATION 5. 

ized are separated by any method of selection from the 
whole class to which the law might, but for such limitation, 
be applicable.^ Such a statute is in its nature an exception 
to the general rule of law. It is a law only in that its pas- 
sage has conformed to the usages and formulas of legis- 
latures. In substance, a special act is a grant of a priv- 
ilege rather than a law. Common illustrations of special 
acts include statutes changing the names of persons or cor- 
porations, granting charters to municipalities or corpo- 
rations, exempting an individual or a corporation from tax- 
ation, and granting divorces. 

A distinction should also be made in this connection 
between local and special legislation. The terms '4ocal 
laws'* and special laws'* have been used rather loosely, 
as though the former were a species of the latter. As a 
matter of fact it is frequently difficult to distinguish clearly 
between these two classes of laws. Although the term 

local law*' is modern, there is little doubt as to its proper 
meaning. Binney observes that the term was brought into 
use by the necessity of distinguishing between those public 
laws which are general and those which are not — the latter 
including both special and local laws.^ The matter to which 
local law relates may be either general or special, but in 
either case the law itself is not in force outside of the local- 
ity or localities for which it was passed. 

It makes no difference whether an act applies to many 
persons or things or that its operation is general as far 
as it goes, if it regards the persons or things to which it 
applies as individuals the act is special; and if it distin- 
guishes them in any way from others of like character or 
in similar circumstances it is special. Likewise if the op- 

4 Binney 's Bestrictions upon Local and Special Legislation in State Co?i,t/»- 
tutions, p. 26. 

5 Binney 's Bestrictions upon Local and Special Legislation in State Consti- 
tutions, p. 26. 



G IOWA JOURNAL OF HISTORY AND POLITICS 



eration of a law is arbitrarily restricted to any portion of 
the State to tlie exclusion of any other portion, no difference 
how large or small, the law is local. In all cases the ques- 
tion as to whether a given law is general, special, or local 
must be determined by its substance and by its effect and 
not by its form. 

The distinction between general, special, and local laws 
may be made clearer by indicating a few of the leading 
subjects of special and local legislation. Where no restric- 
tions, voluntary or constitutional, are placed upon the legis- 
lature the granting and extension of corporate rights 
usually constitute the largest division of special laws. 
Where the organization of private corporations is provided 
for by general law the largest body of special legislation 
will consist of acts relating to municipal corporations. The 
changing of corporate and local names, the legalizing of 
informal acts, and the auditing of private claims are also 
frequently recurring subjects of special legislation. On 
the other hand, the changing of county seats and county 
boundaries, the giving of directions in county matters, leg- 
islation for one county or other local subdivision are il- 
lustrations of local laws. Curative acts and local option 
laws are also frequently classed as special legislation. 

In the development of governmental activities in the 
United States the science of legislation — that is, ^^the care- 
ful adaptation of laws both to the needs of the State and 
the various classes of people composing it, and to the body 
of law already existing, the determination of the proper 
scope of general laws, and of the circumstances which call 
for legislation of a local or special character''^ — has been 
neglected. Indeed, the legislatures of the colonies and of 
all the States, until about the middle of the nineteenth cen- 

6Binney's Restrictions upon Local and Special Legislation in State Consti- 
tutions, p. 6. 



SPECIAL LEGISLATION 

7 

tury, passed public and general, special, and local laws with 
out discrimination. An enormous volume of local and spe 
cial legislation was enacted in reference to matters that 
could have been better provided for by general laws Pub 
he interests were frequently sacrificed to private greed 
Localities were interfered with; and the whole system of 
law-making in some States was thrown into confusion. The 
result was a reaction against local and special legislation, 
one State after another changing its Constitution in order 
to check the evils of unregulated legislative action. 

The procedure in passing local and special acts has been 
the same as that in passing general laws — with this differ- 
ence, however, that in many instances no attempt has been 
made to restrain the volume of such laws or to examine 
them carefully as to their worth. When the legislature 
acts upon a general law it legislates; but when it acts upon 
a special law it changes its function from that of law-maker 
to that of judge— a function which is outside the proper 
scope of legislative action."^ 

II 

CONSTITUTIONAL EESTEICTIONS ON SPECIAL LEGISLATION 

About the middle of the nineteenth century the possibili- 
ties of the abuse of legislative power in the enactment of 
special and local laws, without restriction, were called to 
the attention of the people in many of the States by the in- 
creasing volume of special legislation and by the votiiiix 
of exceptional privileges to certain corporations. Since 

7 Perhaps it should be noted that local and special legislation in this country 
differs little in character from private legislation in Great Britain, yet the 
method of procedure in its enactment is quite different. The right of petition 
for redress of grievances has for a long time been recognized as a fundamental 
principle in the Constitution of Great Britain and it was, until ooniparntivoly 
recent times, a necessary supplement to the slow moving courts. Pot it ions for 
changes in the law were also quite common. As the governmental niaoliinory 
improved petitions for the redress of wrongs fell into disuse as they beoanio 
less necessary, and petitions for changes in the laws became, in nature, more of 
a method of obtaining special privileges. Such applications for speci.il privi- 



8 IOWA JOURNAL OF HISTORY AND POLITICS 



that time local and special legislation has been prohibited 
in practically every State by constitutional provisions. 
Moreover, the number and variety of subjects upon which 
this kind of legislation is forbidden is gradually increasing : 
in some States the list has reached as high as thirty. It 
is noteworthy, also, that nearly every State Constitution 
which has a section of definite prohibitions contains a gen- 
eral clause providing that in all other cases where a general 
law can be made applicable no special law shall be enacted. 

Specific constitutional restrictions are grouped by Binney 
into thirteen classes with regard to the subjects affected 
by them. Besides general restrictions they include lim- 
itations and prohibitions as to persons ; as to corporations ; 
as to rights, privileges, duties, and property ; as to interest, 
liens, and trade; as to eminent domain, railroads, bridges, 
and ferries; as to legal proceedings; as to municipal 
corporations and local government; as to public officers; 
as to highways and public grounds; as to schools; as to 
taxation; and as to elections.^ 

Why these restrictions upon the legislative action have 
come to be regarded as necessary is an interesting problem. 
An examination into the work of the legislatures of this 
State before the constitutional restrictions were adopted, 
and an inquiry into the reasons given for the restrictions 

leges came to be known as '^private bills" when introduced into Parliament. 
This term distinguished them from the regular ' ' public bills ' ' — the measures 
of public policy which originated in Parliament itself — in which the interests 
of the whole country were involved. 

As the amount of necessary legislation increased in volume the governmental 
machinery increased in efficiency and there were evolved clear-cut rules regu- 
lating the passage of both public and private bills. The functions of Parlia- 
ment with regard to public and private bills are distinct. In the case of a 
public bill the function of Parliament is purely legislative: while in the case of 
a private bill it is judicial as well as legislative. The issues involved in the 
passage of private bills are carefully examined and the acts that are passed 
measure up to a high standard of legislative and judicial work. 

spinney's Bestrictions upon Local and Special Legislation in State Consti- 
tutions, pp. 131, 132. 



SPECIAL LEGISLATION g 

by the members of the constitutional conventions which 
formulated the Constitutions will throw some light on the 
subject. 

For a period of eight years — beginning in 1838 when 
Iowa was organized as a separate Territory and closing in 
18-46 when the State was admitted into the Union — the leg- 
islative department was without limitations in regard to the 
enactment of local and special legislation. During this 
period the Legislative Assembly of the Territory of Iowa 
held ten sessions at which were passed 986 acts, exclusive 
of joint resolutions. An examination of these laws reveals 
the fact that more than five hundred of them were clearly 
local or special acts and that many more were local or spe- 
cial in their operation. Moreover, in these local and special 
acts a wide range of subjects received legislative attention : 
streets were vacated, county records were ordered to be 
transcribed, certain counties were authorized to have an 
additional justice of the peace, county boundaries were 
changed, and county seats were located and re-located. The 
most frequently recurring subjects of special legislation 
w^ere those for the establishment and changing of particular 
Territorial roads, for the authorization of ferries and dams, 
for the granting of charters to corporations and to cities 
.and towns, for the changing of names, and for the granting 
of divorces. Indeed, more than one-fourth of all the acts 
passed by the Legislative Assembly during the Territorial 
period were special acts providing for the laying out, chang- 
ing, or vacating of roads, and for the authorization of fer- 
ries and dams.® 

That there was some opposition to this indiscriminate 
enactment of local and special legislation is evidenced at 
times in the journals of the two houses of the LegisUitivo 

9 During the Territorial period one hundred and seventy acts were passed to 
vestablish, change, or vacate roads and ninety acts authorizing ferries and dams. 



10 IOWA JOURNAL OF HISTORY AND POLITICS 



Assembly. In 1840 it appears that the committee on incor- 
porations in the House of Representatives, to whom had 
been referred a bill to authorize an individual to establish 
a ferry, reported that in the opinion of the committee ample 
authority for the establishment of ferries existed in the pro- 
visions of the general law regulating ferries which had been 
enacted by the First Legislative Assembly of the Territory. 
The committee stated, moreover, that it considered the 
granting of chartered privileges under such circumstances 
to be against good public policy.^^ But the legislature con- 
tinued to grant special charters for ferries. 

Early in the session of the Fifth Legislative Assembly of 
the Territory (1842-1843) a select committee on divorces in 
the House reported ^Hhat it is not good policy on the part 
of the Legislative Assembly to grant divorces", in which 
report the House concurred.^^ Later in the same session 
Grovernor John Chambers vetoed an omnibus act which 
granted divorces to no less than nineteen couples. In his 
message to the House, wherein the bill had originated. Gov- 
ernor Chambers declared that legislative divorces were 
unjust in that they gave the accused party no opportunity 
to be heard; he held that such a hearing could be obtained 
only in a judicial proceeding. He maintained, moreover, 
that the power of granting divorces did not reside in the 
legislature and that when that body exercised such power 
it encroached upon the sphere of the judiciary. Upon 
its return to the House, however, the bill was taken up and 
passed over the Governor's veto and became a law.^^ 

During the next session of the legislature another select 

10 House Journal, 1840-1841, pp. 43, 44. See also Council Journal, 1840-1841^ 
pp. 86, 87. 

11 House Journal, 1842-1843, pp. 35, 47, 48. 

12 House Journal, 1842-1843, pp. 311-313. 

^5 House Journal, 1842-1843, p. 314; Local Laws of the Territory of Iowa, 
1842-1843, pp. 82-84, eh. 77. 



SPECIAL LEGISLATION 



11 



committee made an extensive report on the question of 
granting divorces by special acts of the legislature. This 
report stated that after mature consideration, we have 
unanimously come to the conclusion that it [the legislature] 
possesses no such power [to grant divorces]. In view of 
the number of petitioners, the course of past legislation, and 
the natural effects of precedents upon the action of future 
legislatures, your Committee has deemed it both proper 
and expedient to state briefly to the House, the reasons that 
have led them to this conclusion."^'* 

In the statement of reasons submitted by the committee 
emphasis was placed upon the fact that the functions of the 
legislature were legislative and not judicial; that its pur- 
pose was to state what the law should be and not whether 
it had been violated. The report emphasized the argument 
that such special legislation took the time that should be de- 
voted to general legislation and pointed out the evil effect 
that the precedent of granting divorces would have upon 
future legislatures. In conclusion the committee recom- 
mended the adoption of the following resolutions: ''Re- 
solved, That the Legislative Assembly of this Territory 
is not invested with the power to grant divorces from the 
bonds of matrimony", and ''Resolved, That in the opinion 
of this House, admitting such power to exist, any special 
legislative action upon the subject of divorces would be 
highly inexpedient and improper." Both resolutions were 
adopted by the House, the second receiving a unanimous 
vote.^^ The legislature, however, continued to grant di- 

14 House Journal, 1843-1844, pp. 41, 42. 

15 House Journal, 1843-1844, pp. 41-48. 

''We believe it particularly important that a correct tone of public sontimont 
should prevail upon this subject. As yet, with us precedent has not acquired 
the force of law. Society and law are somewhat in a chaotic state. Thoy will 
soon take form, and their comeliness in no inconsiderable measure will depend 
upon the action of this Legislature. If it be once understood that the Legis- 



12 IOWA JOURNAL OF HISTORY AND POLITICS 



vorces — enacting during the Territorial period a total of 
twenty-five special divorce laws, some of which granted 
several divorces under the same title — until the practice 
was prohibited by the Constitution of 1846. 

The fragmentary reports of the constitutional conven- 
tions of 1844 and 1846 indicate that the question of grant- 
ing special charters to private corporations received much 
attention at that time; and so strong was the opposition 
to the practice of granting special charters by the legis- 
lature, except for political or municipal purposes, that a 
prohibition of such action was incorporated in the Consti- 
tution of 1846.^^ The practice of enacting special laws to 
lay out and establish Territorial roads likewise received 
attention in the convention of 1844. It was proposed to 
insert the following as a section in the article on the legis- 
lature: ^Hhe Legislature shall provide by a general law, 
for a method by which State roads may be laid out and es- 
tablished, without the intervention of a special law for that 
purpose. ''^^ Although discussion on this point consumed 
the greater part of one day the proposed section did not 
become a part of the Constitution of 1846. 

From a comparative study of State constitutions it ap- 
pears that Iowa was one of the first States to provide for 

lature of this Territory after mature consideration has concluded that it is 
both legal and expedient to annul marriage contracts hj legislation, the conse- 
quences will be baneful to the political as well as the social and moral condition 
of the people. Our legislature will become a kind of marital pool of Siloam 
where all the ills of matrimony will be washed away, where the lame and halt 
from all the States will seek relief from those bonds which they have volun- 
tarily contracted, whenever that relief would be denied them at home, and thus 
not only a fraud be practiced and encouraged upon the other party and the 
laws of that State, but the time of the Legislature unprofitably squandered. ' ' — 
House Journal, 1843-1844, p. 48. 

16 Shambaugh's Fragments of the Dehates of the Iowa Constitutional Con- 
ventions of 1844 and 1846, pp. 67-101, 141-151, 353, 354. Most of the discus- 
sion relates to banking corporations. 

17 Shambaugh 's Fragments of the Delates of the Iowa Constitutional Con- 
ventions of 1844 and 1846, pp. 65, 66. 



SPECIAL LEGISLATION 

constitutional limitations upon the enactment of special 
and local legislation. The action of the Legislative As- 
sembly in passing so many purely local and special acts 
upon subjects which could have been handled equally well 
by general laws, and the abuses which arose in connection 
with their enactment provoked an opposition to the indis- 
criminate passage of such laws which is clearly reflected 
in the work of the constitutional conventions of 1844 and 
1846. As drafted by the convention and adopted by the 
people the Iowa Constitution of 1846 included the following 
restrictions and prohibitions: 

All laws of a general nature shall have a uniform operation.^s 

No divorce shall be granted by the general assembly.^^ 

Corporations shall not be created in this state by special laws, 
except for political or municipal purposes ; but the general assembly 
shall provide by general laws, for the organization of all other cor- 
porations, except corporations with banking privileges, the creation 
of which is prohibited. The stockholders shall be subject to such 
liabilities and restrictions as shall be provided by law. The state 
shall not directly or indirectly become a stockholder in any cor- 
poration.2o 

These restrictions were in themselves not very compre- 
hensive, but they recognize clearly the wisdom of constitu- 
tional provisions of this character. It is interesting to 
note that almost every State Constitution adopted or re- 
vised in the United States since 1846 contains a similar or 
more extensive prohibition of special legislation. 

From 1846 until 1857, when the present Constitution of 
Iowa was adopted, the State legislature continued to pass 
local and special acts with but little discrimination. To 
be sure the Constitution of 1846 prohibited legislative di- 

18 Constitution of Iowa, 1846, Art. I, Sec. 6. 

19 Constitution of Iowa, 1846, Art. Ill, Sec. 28. 

20 Constitution of Iowa, 1846, Art. VIII, Sec. 2. 



14 IOWA JOURNAL OF HISTORY AND POLITICS 



vorces and special charters for business concerns, but spe 
cial legislation on other subjects was unrestricted. Dur- 
ing this period the General Assembly held six regular 
and two extra sessions. A total of 1023 laws were enact- 
ed, of which nearly sixty percent were purely local or spe- 
cial. The subjects of these acts were varied. Nearly one- 
fourth of all the laws passed during the whole period were 
for the purpose of granting or amending city charters and 
for laying out and establishing State roads. Names were 
changed, ferries and dams were authorized, and rights of 
way were granted to railroad and plank road companies. 
County seats were located and re-located ; and counties were 
authorized to elect additional justices of the peace and to 
have court records transcribed. Acts to restrain stock 
from running at large in particular counties were passed. 
Particular counties and towns were authorized to aid in the 
construction of railroads. Particular streets in certain 
towns were vacated by legislative enactment; and other 
local laws were passed in large numbers. There were laws 
passed which applied to a single school district in a particu- 
lar township, and laws that applied to single townships in 
a particular county. One act exempted certain particular 
lots in one town from taxation ; another provided for taking 
a census of a part of one county; and still another created 
an additional precinct in a village township in Van Buren 
County. 

More than one hundred of the acts passed during this 
period granted special charters to cities or amended special 
charters already granted. The Sixth General Assembly 
(1856-1857) alone passed thirty-three such acts, which filled 
more than two hundred of the four hundred and fifty pages 
of laws enacted at that session. Special laws relating to 
roads were multiplied — more than one hundred and thirty 
were passed during the nine years under review. Legis- 



SPECIAL LEGISLATION 

lation on this subject was full of abuse. The legitimate 
purpose of road legislation was that of facilitating travel 
and transportation between the different portions of the 
State. But such legislation seems to have afforded a con- 
siderable amount of ' ' spoils ' The location of some of the 
roads required several weeks work — work that was fre- 
quently regarded as a sort of picnic junket. Three com- 
missioners were usually appointed to lay out and establish 
the roads. They were authorized to appoint one or more 
practical engineers or surveyors and the necessary laborers. 
In addition to good pay for the time required for the work 
the necessary expenses for the entire party were allowed. 
When it is recalled that more than a hundred special acts 
of this character were passed, that each act provided for 
the laying out of from one to sixty roads,^^ and that a sep- 
arate group of commissioners was named for each road, 
the scope of the patronage from this source can be roughly 
estimated. To most persons at that time the position of 
commissioner was a very welcome appointment.^^ Thus 
the establishment of new roads too often degenerated into 
political schemes to acquire influence and votes, or to pay 
off old debts. Since everybody was anxious to appoint some 
commissioners road legislation became a prolific source of 
log-rolling in the legislature. 

Another source of abuse in connection with special legis- 
lation may be found in acts for the location and relocation 
of county seats and county boundaries. It was shown in 
the debates in the constitutional convention of 1857 that 
when a few individuals desired to make a certain point in 
the county the county seat they had been able, in many in- 
stances, to effect changes in the boundaries of counties by 

21 See Laws of loiva, 1850-1851, Ch. 80, 1852-1853, Ch. 106, 1856-1857, Chs. 
177, 181, 192. 

22 For a brief account of the work of laying out roads, soc the Annoh of 
Iowa (Third Series), Vol. IV, p. 72. 



16 IOWA JOURNAL OF HISTORY AND POLITICS 



special acts of the legislature, thus making the location 
which they favored a central point in the county. Opposi- 
tion was also made to the practice of locating or re-locating 
county seats by special acts, and arguments were advanced 
in favor of allowing the people of the county to decide upon 
the location of the county seat.^^ 

Some opposition to the indiscriminate enactment of spe- 
cial legislation was offered from time to time prior to the 
adoption of the Constitution of 1857. Thus a protest was 
registered in the Senate Journal of 1846-1847 against the 
action of the Senate in passing a bill granting to an indi- 
vidual for a period of twelve years the exclusive privileges 
of a ferry landing for four miles along the bank of the 
Mississippi Eiver. The protesting minority declared that 
the passage of the act was at utter variance with both the 
spirit and the letter of the Constitution; that it was as com- 
plete an act of incorporation for the purposes granted as 
any act could be for the purpose of carrying on any other 
branch of business ; and that granting to an individual the 
exclusive right of landing vested in him all the property 
necessary to carry on his business, except the necessary 
boats, to the exclusion of the rest of the community. The 
minority maintained that a special privilege for a ferry 
was the same in principle as that required to construct a 
railroad, canal, or for any other purpose; that any privi- 
lege granted to one individual or corporation to the exclu- 
sion of others was a charter within the meaning of the 
constitutional provision which prohibited the creation of 
business corporations by special laws. The bill became a 
law in spite of the protest, as did many others of like char- 
acter.2^ 

23 The Debates of the Constitutional Convention of the State of Iowa, 1857, 
Vol.- I, pp. 531-539, 551, 553. 

2i Senate Journal, 1846-1847, pp. 139, 140 j Laws of Iowa, 1846-1847, Ch. 12. 



SPECIAL LEGISLATION yj 

There seems to have been a general agreement in the con- 
stitutional convention of 1857 that some restrictions with 
regard to local and special legislation should be imposed 
upon the legislature of the State, but there was much differ- 
ence of opinion as to the proper scope of such limitations. 
In the discussion of this point in the convention the state- 
ment was made that it was a matter of common knowledge 
that a great portion of the time at many sessions of the 
legislature was spent in the consideration of local and spe- 
cial legislation ; whereas, it was the duty of the legislature 
to pass general laws, so far as possible, to apply to all sub- 
jects of local and special legislation.^^ 

The Constitution of the State as drafted by the conven- 
tion and adopted by the people of the State in 1857 contains 
a more extensive prohibition on local and special legislation 
than did the Constitution of 1846. The provisions of the 
Constitution of 1857 are as follows : 

All laws of a general nature shall have a uniform operation ; the 
General Assembly shall not grant to any citizen, or class of citizens, 
privileges or immunities, which upon the same terms shall not 
equally belong to all citizens.^^ 

No divorce shall be granted by the General Assembly. 2- 

The General Assembly shall not pass local or special laws in the 
following cases: 

For the assessment and collection of taxes for State, County, or 
road purposes ; 

For laying out, opening, and working roads or highways ; 

For changing the names of persons ; 

For the incorporation of cities and towns ; 

For vacating roads, town plats, streets, alleys, or public squaros; 
For locating or changing county seats. 

In all cases above enumerated, and in all other cases whore a gon- 

25 The Debates of the Constitutional Convention of the State of Iowa, 1857, 
Vol. I, p. 532. 

26 Constitution of Iowa, 1857, Art. I, Sec. 6. 

27 Constitution of Iowa, 1857, Art. Ill, Sec. 27. 



VOL. XV — 2 



18 IOWA JOURNAL OF HISTORY AND POLITICS 



eral law can be made applicable, all laws shall be general, and of 
uniform operation throughout the State ; and no law changing the 
boundary lines of any county shall have effect until upon being 
submitted to the people of the counties affected by the change, at a 
general election, it shall be approved by a majority of the votes in 
each county, cast for and against it.^s 

No corporation shall be created by special laws ; but the General 
Assembly shall provide, by general laws, for the organization of all 
corporations hereafter to be created.^^ 

Thus, it will be observed that in Iowa the Constitution 
contains a general prohibition against special legislation as 
well as limitations with regard to laws dealing with certain 
specific subjects. 

Ill 

PEESENT STATUS OF SPECIAL LEGISLATION 

It has been observed that throughout the United States 
an attempt has been made to cut down the volume of local 
and special legislation by specific and general constitutional 
prohibitions, and that almost every State Constitution 
adopted or revised since 1846 contains such restrictions. 
An examination of the present status of special legislation 
should indicate whether the system of constitutional re- 
strictions has solved the problem of special legislation. 
This much can be said at the outset, namely, that constitu- 
tional restrictions have resulted in a large measure of relief, 
but these limitations have at the same time encouraged the 
practice of giving local and special acts the form of general 
laws, while they retain the effect of special legislation. 

Illustrations of the use and abuse of local and special 
legislation are to be found in the session laws of every 
State in the Union. In many of the States this type of leg- 
islation has been much more prevalent than in Iowa. 

28 Constitutio7i of Iowa, 1857, Art. Ill, See. 30. 

29 Constitution of Iowa, 1857, Art. VIII, See. 1. 



SPECIAL LEGISLATION 



19 



Among the worst offenders are North Carolina, Alabama, 
Maryland, Pennsylvania, and Virginia. Not a session of 
the legislatures of Massachusetts, New York, and Pennsyl- 
vania is held but many special enactments are made for 
Boston, New York City, and Philadelphia. From 1885 to 
1908 there were enacted at least four hundred special laws 
relating to Boston alone ; and, observes Mr. William Bennett 
Munro, ^'it would be nonsense to assert that their [the leg- 
islature's] prolific output of special legislation is needed 
or desired by these cities, or that it would be forthcoming if 
the cities themselves had power to order it otherwise. ''^'^ 

Constitutional restrictions on special legislation were 
adopted in Pennsylvania in 1873. Previous to that time, 
for a period of several years, the statute book for a regular 
session of the legislature averaged about 1500 pages ; since 
that time they have been, on the average, about one-third as 
large. This decrease in the volume of legislation enacted 
was due largely to the restrictive provisions of the Consti- 
tution. Just previous to the adoption of the constitutional 
restrictions on special legislation, the laws enacted at the 
session of the legislature of that State when published in 
pamphlet form without the index, covered 1200 pages, of 
which only sixty-two pages were devoted to general acts, 
and of the 1100 enactments scarcely fifty related to matters 
of general public interest. At this same session of the 
Pennsylvania legislature ^'nearly one hundred and fifty 
local or special laws were enacted for the City of Phila- 
delphia, more than one-third that number for the City of 
Pittsburgh, and, for other municipal divisions of the State, 
about the same proportion. This was by no means excep- 
tional.'' In seven years, from 1866 to 1872 inclusive, the 
State legislature of Pennsylvania passed a total of 9230 
acts of which 475 were general laws and 8755 were local nnd 

30 Munro 's The Government of American Cities, p. 61. 



20 IOWA JOURNAL OF HISTORY AND POLITICS 



speciaL The new constitutional restrictions did away with 
a great deal of sucli legislation, but the tendency toward 
special enactment still persists.^^ 

The Constitution adopted by Alabama in 1875 contains, 
restrictions on special legislation which have been evaded 
consistently, so that local and special laws in great numbers, 
have been enacted at every session of the legislature. North 
Carolina, whose Constitution contains practically no re- 
strictions on special and local legislation and whose Gov- 
ernor possesses no veto power, is probably the most prolific 
of all the States in the enactment of special laws. Local 
and special acts are passed upon almost any subject, and 
the laws are multiplied until it is almost impossible to de- 
termine what the law is. During the session of the Vir- 
ginia legislature, which was held in 1901-1902, there were 
enacted 694 laws of which only eighty-seven were general 
and permanent in character. Since the adoption of the new 
Constitution, which contains numerous restrictions on spe- 
cial and local laws, the proportion of such legislation has 
noticeably decreased.^^ 

Perhaps the most striking illustration of the abuse of 
local and special legislation is furnished by the legislative 

31 Eeport of the Fourth Annual Meeting of the Pennsylvania Bar Association, 
1898, pp. 107, 108. 

In the Constitutional Convention of 1872 one member said: ''In looking over 
the acts which the Legislature has passed for the past few years, say com- 
mencing with 1866 and ending with 1872, we find the following results : 

In 1866, general laws passed were 50; special laws were 1096. 

In 1867, general laws passed were 86; special laws were 1392. 

In 1868, general laws passed were 73; special laws were 1150. 

In 1869, general laws passed were 77; special laws were 1276. 

In 1870, general laws passed were 54; special laws were 1276. 

In 1871, general laws passed were 81; special laws were 1353. 

In 1872, general laws passed were 54; special laws were 1232. 

— Debates of the Convention to Amend the Constitution of Pennsylvania,. 
1872, Vol. II, p. 592. 

32 See Annual Eeport of the New Yorlc State Library, 1902, Vol. I, Bulletin 
79, pp. 456, 457. 



SPECIAL LEGISLATION 21 

history of Maryland. Although the Constitution of the 
State contains limitations on such legislation, the Court of 
Appeal has so interpreted the restrictive clauses as to ren- 
der them of little value. The constitutional restrictions 
were adopted in 1867, but it was not until 1903 that the 
courts declared an act void under the clause prohibiting 
special legislation.^^ Local and special acts made up about 
eighty or eighty-five percent of the legislation enacted, and 
usually as many as one-half of the general laws were only 
of temporary and limited application. In 1904 Allegheny 
County had between twenty-five and thirty local laws passed 
for its benefit. Thirty-four local measures were passed at 
the same session on the one subject of game. In 1900 the 
legislature passed fifty-eight special acts incorporating pri- 
vate enterprises, and eighty-six special acts amending 
private charters or giving additional powers to corpora- 
tions already organized.^^ 

In the States mentioned above the abuses of special and 
local legislation are a serious evil ; but in many other States 
the situation is nearly as bad. It would not be possible, 
however, in this connection to discuss many instances of 
special legislation in each of the several States. The in- 
stances cited suggest some of the extremes. On the other 
hand, the legislatures of many of the States which have 
constitutional restrictions on local and special legislation 
have adhered to both the spirit and the letter of the pro- 
hibitions, and the problem in regard to special legislation 
no longer exists. 

Taking all of the States of the Union into consideration 
there were, according to the statistics compiled by the Now 
York State Library in its Index of Legislation, a total of 

33 Eeinscli 's American Legislatures and Legislative Methods, p. 302. 

34 See Leser's Beport on the Evils of Special and Local Legislation in Jirport 
of the Ninth Annual Meeting of the Maryland State Bar Association, 1001. 
160-185. 



22 lOAVA JOURNAL OF HISTORY AND POLITICS 



86,006 acts and resolutions passed by the State legislatures 
during the nine 3^ears from 1900 to 1908, inclusive. Of 
these 86,006 acts and resolutions only 34,110 were classed as 
being of more than local or temporary interest.^^ 

In Iowa the prevalence of local and special legislation be- 
fore constitutional restrictions were imposed in 1857 has 
been indicated. Here the fact should be noted that, although 
a large percentage of the laws enacted during the early 
State period were local or special, the volume of legislation 
had not in itself assumed such large proportions as it did in 
many other States before constitutional restrictions were 
resorted to. Nor can it be said that the prohibitions on 
special legislation have decreased the volume of laws in this 
State. The constitutional restrictions have for the most 
part done away with special and local legislation along the 
line of the specific prohibitions ; but there has continued to 
be enacted a large number of temporary, local, and special 
acts which do not come under the provisions of the consti- 
tutional prohibitions. For instance, the Revision of 1860 
contains less than one-third of the acts passed by the Eighth 

35 In an explanatory paragraph with regard to indexing the legislative enact- 
ments of the States the following appears: 

^'All general permanent laws are included. Private, local and temporary- 
acts, unless of great general interest, are omitted. Many acts general in form 
but special in their application are also omitted. Private acts applying to 
particular persons or granting relief to specific public officers and local acts 
applying to a single political division or to but a small proportion of the polit- 
ical divisions belonging to the same class are omitted. Important local acts 
other than amendatory, on subjects of general interest, are included. New city 
charters are included but amendments thereto are omitted. Constitutional 
amendments both local and general are included. All general appropriation 
bills are omitted. Special appropriation acts providing for the establishment 
of a new institution or making some extraordinary appropriation of great gen- 
eral interest are included. Laws providing for the general management and 
control of a particular state institution are included but those relating to some 
detail of its administration are omitted. All laws legalizing acts already per- 
formed are omitted. Laws of Congress and of the noncontiguous territories of 
the United States are omitted." — Annual Beport of the New YorTc State Li- 
Irary, Vol. Ill, Supplement 9, p. 5, Legislation 36. 



SPECIAL LEGISLATION 23 

General Assembly in 1860. The other laws or enactments 
of that session were published in a separate volume, be- 
cause they were regarded as being too local, temporary, or 
special to be included in the Revision. The statute laws 
passed by the Fourteenth and Fifteenth General Assem- 
blies in 1872 and 1874, respectively, were published in two 
parts — one part containing the general laws and the other 
part the private, local, and temporary acts. In both cases 
the special and local enactments outnumbered the general 
laws. 

During the last thirty years the General Assembly of this 
State has held fifteen regular and two special sessions at 
which more than 3700 laws have been enacted, exclusive of 
joint resolutions. In all but one or two of the volumes of 
session laws the acts are divided into four parts containing 
respectively, the general laws, the appropriation acts, the 
legalizing acts, and the special and local laws. Two-thirds, 
or about 2400, of the acts are listed as general laws; and 
one-third, or about 1300, are listed under the other divi- 
sions, of which approximately 600 are legalizing acts, 500 
appropriation acts, and 200 special and local acts. 

The above recital of statistics is of little importance ex- 
cept to indicate that the greater proportion of the laws en- 
acted in this State are general and that if unnecessary and 
undesirable special legislation is being enacted it is covered 
up and appears largely in the form of general law. Appro- 
priation acts must from their nature be special. Legalizing 
acts for the purpose of making valid an informal act of a 
municipality or other minor subdivision of the government 
must also be continued, unless some scheme can be worked 
out whereby the power to legalize informal acts may be del- 
egated — a scheme that would probably require a constitu- 
tional permission. 

It may be conceded that some restriction should be i^laccd 



24 IOWA JOURNAL OF HISTORY AND POLITICS 



upon the passage of legalizing acts which would tend to 
disconrage municipalities from performing informal acts on 
the strength of the assumption that a legalizing act can be 
easily secured when the legislature meets. Grovernor Sher- 
man vetoed a general legalizing act in 1882; and in his 
message to the Senate where the bill had originated he said 
that ^'at best, legalizing acts are of doubtful expediency. 
The effect is to promote inattention to the plain require- 
ments of law thus tending to increase litigation among the 
people which should be discouraged."^*^ 

The division containing the local and special acts in the 
published session laws includes the laws enacted for the 
purpose of making corrections in statutes and the harmless 
local and special acts, many of which were of a temporary 
character and of utility at the time of enactment. It can be 
said that the constitutional restrictions in this State have, 
to a large extent at least, prevented the more serious abuses 
connected with local and special laws. The most objection- 
able special laws which the legislature has continued to pass 
in this State are those which, though couched in general 
terms, are in fact applicable to but one city. 

IV 

CLASSIFICATION 

The absolute prohibition of local and special legislation 
would not be feasible since there are conditions for which 
special provision ought to be made. The power to meet 
such conditions must necessarily be lodged with the legis- 
lature. To impose absolute restrictions upon the law-mak- 
ing authority would be to invite the further circumvention 
of constitutional law. Consequently the practice of classifi- 
cation has developed for the relief of situations where 

sc Shambaugh 's Messages and Froclamations of the Governors of Iowa, Vol. 
V, p. 379. 



SPECIAL LEGISLATION 25 

special legislation is called for and general legislation is 
required by the Constitution. 

The adoption of constitutional restrictions upon local and 
special legislation has compelled the enactment of general 
laws in many cases where no well-defined classes had pre- 
viously been recognized as existing. In such cases a classi- 
fication of certain subjects of legislation is necessary in 
order that laws which are to apply to the class may not ap- 
ply where they would be ill-suited and yet may be general 
within the meaning of the constitutional provisions. More- 
over, a class, in order to come within this meaning, and be 
eligible for legislation peculiar to itself, must be composed 
of a group of individual units ranked together as possessing 
common characteristics. Although classification is to some 
extent necessary, nevertheless, wherever it is resorted to 
there is likely to be considerable special legislation which 
may be either good or bad. 

While no one condition embodies all of the rules of classi- 
fication usually recognized by the courts the following five, 
stated by Mr. C. C. Binney, seem clearly to be legitimate. 
He observes that although no comprehensive statement of 
what constitutes a valid classification is to be found in any 
one reported case, there is general agreement that it must 
not be arbitrary. The rules enumerated below are sup- 
ported by judicial decisions, though authorities differ in the 
reliance placed upon the various grounds. 

1. All classification must be based upon substantial distinctions, 
which make one class really different from another. 

2. The classification adopted in any law must be germane to the 
purpose of the law. 

3. Classification must not be based upon existing circumstances 
only, or those of limited duration, except where the object of tlic law 
is itself a temporary one. 

4. To whatever class a law may apply, it must apply oquMlly to 
each member thereof, except only where its application is afTi^'lt^l 
by the existence of prior unrepealed local or special laws. 



26 lOAVA JOURNAL OF HISTORY AND POLITICS 



5. If the classification be valid, the number of members in a 
class is wholly iminaterial.^^ 

If these rules in regard to classification were adopted by 
legislative bodies and strictly adhered to in the enactment 
of laws it is probable that the abuses of special legislation 
under cover of classification would disappear. It may also 
be observed that an act providing for classification may 
furnish a legislative precedent, but it can not bind the legis- 
lature. The constitutionality of each classification act must 
be determined separately, and the legislature is not bound 
to use the same sort of classification at different times even 
in similar cases. It is a fact that the practice of classifica- 
tion is usually developed wherever constitutional restric- 
tions upon the enactment of local and special legislation are 
provided. , 

In States where legislation concerning private corpora- 
tions must take the form of general laws, the largest body 
of special acts will consist of those relating to municipal 
corporations — at least this will be true until such corpora- 
tions are granted a larger measure of home rule than any 
State has yet provided. Provision for their organization 
and government, and for the extension of their powers when 
necessary, by general laws is possible in the majority of 
cases. But until local self-government is granted, it is con- 
venient and at times expedient to classify such municipal 
corporations so that only a very small number or even only 
one city will fall within a class. A comparative study of 
State statutes shows that cities may be classified for many 
purposes and in a variety of ways. Counties have also been 
made the subject of classification in some States. 

Wbere the classification is based upon some essential 

37 Binney 's Eestrictions upon Local and Special Legislation in State Consti- 
tutions, pp. 58, 59. 



SPECIAL LEGISLATION 



27 



characteristics the act preserves the character of a general 
law, although it may refer to a comparatively small class. 
The case seems somewhat different, however, when the 
classification consists of bnt one corporation. But it has not 
been uncommon in the States where the Constitution pro- 
hibits special acts relative to municipal and local govern- 
mental units to so classify the various subdivisions that 
there are classes composed of but one city or county. Where 
this practice prevails it of course serves the same purpose 
as special legislation and is subject to the same abuses. In 
some instances, however, such a classification may be very 
desirable. 

While the scheme of classification has a legitimate use in 
connection with special and local legislation it is subject to 
abuse. The Ohio Constitution of 1851 prohibited the in- 
corporation of cities by special acts. Accordingly, in 1852 
the legislature enacted a general municipal code for cities. 
This code divided the nine cities of the State into two 
classes, and applied different regulations to the classes ac- 
cording to their needs. Soon, however, the legislature be- 
gan to pass special acts under the guise of a further 
classification. The different classes were divided until 
there were eleven grades of cities, eight of which contained 
only one city each.^^ In this way the legislature circum- 
vented the constitutional restriction of 1851 which forbade 
special acts of incorporation: in Ohio special legislation 
continued unabated. The Supreme Court of the State sus- 
tained the legislature in this perverted form of classifica- 
tion in a line of decisions extending over a period of fifty 
years. Finally the practice became unbearable, and in 1902 
the Supreme Court reversed its earlier decisions, in spite 
of the established precedent, and forced the legislature to 
enact a new municipal code with provisions that applied 

38 Munro 's The Government of American Cities, pp. 54-56. 



28 IOWA JOURNAL OF HISTORY AND POLITICS 



uniformly to all Ohio cities of more than 5000 population. 
But the new code was almost as bad as the special legisla- 
tion. Some seventy cities, ranging in population from 5000 
to 500,000, were forced to conform to the same provisions 
without regard to their special problems and peculiar needs. 
Some of the larger cities were greatly handicapped in their 
efforts to deal with local problems. Some relief from this 
situation was secured in 1912 when a home rule charter 
system was established and in 1913 when legislation em- 
bodying three different forms of city government was 
placed upon the statute books of the State.^^ 

In Pennsylvania the courts have held that the legislature 
can classify cities so as to include but one city within a class, 
because population is the best basis for classification.^^ 
And in California a classification of the forty-eight counties 
of the State into forty-five classes has been upheld."*^ 

Some of the States, recognizing that it is undesirable to 
require all cities to be governed by the same rules but fear^ 
ing the abuse which might result if the legislature were left 
free to classify cities as they saw fit, have incorporated a 
classification of municipalities in the Constitution. Where 
this plan had been adopted cities are usually grouped into 
three or four classes according to population, and the stat- 
utes enacted by the legislature must apply to all the cities 
within one of the groups. Such classifications are artificial 
and usually take into account none of the real differences 
between cities of approximately the same population. Most 
of them fail also to provide for the passage of a city from 
one class to another. Notwithstanding its shortcomings 
such a plan is better than the prohibition of all special legis- 

39Patton's Some Bule in Iowa in Iowa Applied History Series, Vol. II, p. 
152. 

40Eeinscli's American Legislatures and Legislative Methods, p. 153. 
4iPattoii's Home Bule in Iowa in Iowa Applied History Series, Vol. II, p. 
107. 



SPECIAL LEGISLATION 



29 



lation and perhaps an improvement over the practice of 
allowing the legislators to make such classifications as may 
seem best in their judgment.'*^ 

Iowa has not been free from legislative classification 
which seems to evade the constitutional restrictions on spe- 
cial legislation. The Constitution of this State prohibits 
the incorporation of cities and towns by special acts and 
requires that the laws relative to cities shall be general and 
of uniform operation. At the same time no extensive power 
of self-government is provided, and so the greater part of 
all the local and special legislation enacted in this State has 
to do with cities and towns. It is recognized that laws 
adapted to towns are not always adapted to cities, and that 
laws which satisfy the conditions of small cities do not in 
many cases satisfy the conditions of large cities. And so, 
to meet the needs of municipalities which require different 
rules for their government classification has been resorted 
to in this State. 

In conformity with the provision of the Constitution of 
1857 the Seventh General Assembly in 1858 enacted a munic- 
ipal code for the incorporation and government of Iowa 
municipalities. According to the provisions of this act the 
municipalities of the State were grouped into (1) cities of 
the first class, (2) cities of the second class, and (3) towns. 
This general incorporation law, with certain amendments 
and additions, is still in force. 

Special charter cities were permitted to come under the 
general incorporation law of 1858, or to retain their special 
charters. While most of the special charter cities soon took 
advantage of the new law, five Iowa cities still retain their 
special charters. Important modifications in the provisions 
of the municipal code were made in 1907 and in 1915 when 
the commission form of government and the manager plan 

^2Muiiro's The Government of American Cities, p. 58. 



30 IOWA JOURNAL OF HISTORY AND POLITICS 



of government, respectively, were authorized for certain 
cities at their option. There are in this State, then, the fol- 
lowing recognized classes of municipalities for which legis- 
lation is enacted: (1) cities of the first class, (2) cities of 
the second class, (3) towns, (4) special charter cities, (5) 
cities under the commission form of government, and (6) 
cities under the city manager plan. Nor are these classes 
strictly exclusive. Legislation is freely enacted for differ- 
ent groups in these various classes ; and many illustrations 
of special classification which include but a single city are 
to be found in the session laws of the State. 

For example, an act passed by the Twentieth General As- 
sembly relative to public improvements applied only to 
cities of the first class organized subsequent to a specified 
date which made the law applicable to but one city (Sioux 
City), and the validity of the classification was upheld. In 
reviewing this legislation the court said: Nothing in the 
specifications [of the Constitution] is in any way a prohibi- 
tion on the legislative authority to legislate specially with 
reference to cities of a particular class, nor as to particular 
cities of a class, by any form of designation''.^^ 

Again, an act passed by the Twenty-second General As- 
sembly in 1888 granting certain powers and privileges to 
all cities of the first class having a population of thirty 
thousand or over (which would at that time, apply only to 
the city of Des Moines) was assailed as local and special. 
In disposing of this contention in the case of Tuttle v. Polk 
the court said : 

At the time it [the act in question] was enacted the city of Des 
Moines was the only one in the state having a population as great as 
the number stated, but that fact did not make the act special, for 

43 Laws of Iowa, 1884, Ch. 20. 

44 Owen V. Sioux City, 91 Iowa 190, at 192. 

45 Laws of Iowa, 1886, Ch. 168, 1888, Ch. 44. 



SPECIAL LEGISLATION 



31 



the reason that it was not restricted to cities having the required 
population at the date it became a law, but was general, applying 
to all cities which should thereafter have more than thirty thousand 
inhabitants."*^ 

Indeed, classification which has resulted in legislation for 
one particular city in this State has been conunon. The 
records show that such legislation has been enacted for Des 
Moines, Sioux City, Davenport, Cedar Eapids, Waterloo, 
and other cities. Even the five special charter cities of the 
State have been grouped into classes for legislative pur- 
poses.-*' The Thirty-sixth General Assembly in 1915 passed 
one act which seems to have been for the benefit of Council 
Bluffs. This statute states that where any city has received 
prior to July 1, 1880, from the United States a grant of the 
title to a meandered lake within its corporate limits for 
recreation and park purposes and has devoted the same to 
the public use for more than twenty years, may certify to 
the fact to the county auditor and so cause an additional 
tax to be collected for the ensuing five years for the purpose 
of improving such lake. Another act passed by the same 
General Assembly, and which can apply only to Cedar Eap- 
ids, provides that '^any city of this state having not less 
than thirty thousand nor more than thirty-five thousand in- 
habitants according to the federal census of A. D. 1910" 

46 Tuttle V. Polk, 92 lo^a 433, at 443. 

47 For illustration of acts applicable to Des Moines only see Laws of Iowa, 
1888, Ch. 44, 1902, Cli. 31, 1904, Chs. 27, 29, 1907, Ch. 34, 1911, Ch. 37, 1913, 
Ch. 98. 

For acts applicable to Sioux City see Laws of Iowa, 1884, Ch. 20; Supple- 
mental Supplement to the Code of Iowa, 1915, Sec. 495. 

For acts applicable to Cedar Rapids see Laws of Iowa, 1909, Ch. 13 ; Supple- 
mental Supplement to the Code of Iowa, 1916, Sees. 2033-g to 2033-k. 

For acts applicable to Waterloo see Laws of Iowa, 1913, Ch. 347. 

For acts applicable to Council Bluffs see Supplemental Supplement to the 
Code of Iowa, 1915, Sec. 850-p. 

For acts classifTing the special charter cities see: Laics of Iowa, 1902, Ch. 
51, 1907, Ch. 46, 1911, Ch. 46; Supplemental Supplement to the Code of Iowa, 
1915, Sees. 997-a to 997-b. 



32 IOWA JOURNAL OF HISTORY AND POLITICS 



may authorize interurban railways to extend, construct, and 
operate their lines upon the same streets where railroad 
tracks are located and compel railroads to make such 
changes in their tracks as may be necessary in order to ac- 
complish the purposes of the act.^^ 

It is not the purpose of this paper to condemn all such 
classifications. Special social and economic conditions 
should at times be taken into consideration, and in case the 
municipality has no power to act independently to bring- 
about needed change the legislature must act. The illustra- 
tions given above indicate the attitude of the courts in this 
State : they have upheld the General Assembly in its various 
classifications of municipalities; but an act which specif- 
ically stated that it was applicable to but one city was held 
to be unconstitutional because a general law of uniform 
operation could have been enacted in its stead.^^ Nor can 
the charge be sustained that special legislation through 
classification has resulted in serious abuse in this State. 
Some abuse and some discrimination has, no doubt, resulted 
and the possibility of further abuses will continue as long 
as cities are obliged to secure legislation for their special 
and peculiar needs through special legislation made to ap- 
pear general by resort to classification. 

V 

ABUSES OF SPECIAL LEGISLATION 

It has been indicated that there are abuses of a more or 
less serious character connected with the practice of enact- 
ing local and special laws. A brief statement of some of the 
most undesirable features of such legislation will perhaps 
suggest the reasons for the constitutional restrictions which 

48 Supplemental Supplement to the Code of Iowa, 1915, Sees. 850-p and 
2033-g to 2033-k. 

49 Town of McGregor v. Baylies, 19 Iowa 43. 



SPECIAL LEGISLATION 



33 



have been adopted in nearly all of the States. It has been 
said of local and special laws *'that they consume time, they 
sap energy, they discourage talent, they conceal iniquities, 
they make law a by-word, they transform legislatures into 
tribunals of adjudication and courts into organs of legisla- 
tion. . . . Our unfortunate habit of carrying all our 
local and private ailments to the state capitol, to have the 
virtuous adhesive of a special law applied, has transformed 
our law-making bodies into quack commissions with mon- 
grel duties. ^'^^ 

The above arraignment is probably too severe as applied 
to most of the States, but as regards the situation in some 
Commonwealths it is not overdrawn. Special and local 
legislation does consume the time of the legislature, but this 
is not a serious evil. If the legislature would devote more 
time to the consideration of such legislation and not pass a 
special or local act until the reasons why it should be passed 
were produced, the demand for special legislation would de- 
crease. But local and special bills are usually referred to 
committees and receive little if any consideration before the 
house. Furthermore, local and special bills usually go to 
committees whose members are favorable to such bills ; and 
when the committee reports such bills favorably they are 
likely to pass the house without debate : the ease with which 
special legislation is passed increases the demand for it. 

A more serious objection to local and special legislation, 
and especially to corporate legislation, is that it produces a 
mass of slightly different provisions where simplicity and 
uniformity are desirable. The volume of law is increased. 
Numerous concerns hold charters with slightly diverse pro- 
visions. This diversity increases the difficulty of regulation 
and makes uncertain the outcome of suits, because each in- 
dividual charter differs slightly from all others. The State 

soOrth's Special Legislation in The Atlantic Monthly, Vol. 97, p. 69. 



VOL. XV — 3 



34 IOWA JOURNAL OF HISTORY AND POLITICS 



of Iowa has fortunately escaped most of the evils of special 
charters since the granting of such charters was prohibited 
by the first Constitution. In Maryland, however, powerful 
interests have secured exceptional privileges and exemp- 
tions. Powerful combinations have been able to secure spe- 
cial charters, while the less favored enterprises have been 
obliged to incorporate under the general incorporation law. 

It appears that the larger number of special charters are 
granted to banking companies and public service corpora- 
tions and that in many instances they are secured only to 
be delivered to another party. Politicians sometimes secure 
such special charters for the purpose of disposing of them 
to interests who will be benefited by their possession or to 
rivals who are persuaded to buy them off in self-protection. 
In 1900 the Maryland legislature passed fifty-eight special 
incorporation acts and eighty-six acts amending private 
charters. Such abuse of legislative authority is unneces- 
sary. The best manner of providing for the needs of private 
corporations is well understood, and general laws permit- 
ting organization by voluntary association are on the stat- 
ute books of almost every State. Legislatures should firmly 
refuse to consider an exception. 

Local and special legislation encourages log-rolling and 
furnishes a means of holding up the work of the legislature. 
Local laws are referred to the delegation from the locality 
affected, and there is no opposition and very little investi- 
gation and consideration. In the Iowa constitutional con- 
vention of 1857 Mr. Harris stated that while a member of 
the State legislature he had, along with others, opposed 
from the outset the enactment of local and special laws: 
that they adhered to their stand until they were compelled 
to either cease opposition or lose their influence upon more 

siLeser's Eeport on the Evils of Special and Local Legislation in Beport of 
the Ninth Annual Meeting of the Maryland State Bar Association, 1904, p. 174. 



SPECIAL LEGISLATION 



35 



important questions in the form of general laws. *^We 
found'', declared Mr. Harris, ''that we should lose our in- 
fluence upon matters of general policy, affecting the entire 
interests of the State, under the personal feeling engen- 
dered by these local questions, if we persisted in requiring 
parties to obtain their ends through the general laws al- 
ready in force. We found that persons would come to the 
Legislature, at an expense to the State of two or three dol- 
lars per day, costing them nothing, to obtain that which 
they could obtain through the courts, because, if they went 
into the courts they would be under the necessity of paying 
fees for it."^^ The enormous number of bills that are in- 
troduced in our modern assemblies makes it impossible for 
any one member of the legislature to know what is going on. 
Necessity has developed the committee system and cooper- 
ation, often to the extent that unwholesome log-rolling is 
necessary in order that a legislator secure the favorable 
action of the body upon any measure in which he is espe- 
cially interested. 

The demand for special and local legislation grows almost 
in proportion to the ease with which it is secured. If local- 
ities and interests secure legislation without trouble they 
soon learn to expect favorable legislation along almost any 
line. Legislatures may form the habit of legislating for 
particular objects rather than along the line of general 
principles. In the wake of too much special legislation leg- 
islatures in time come to distrust themselves : they shift the 
responsibilities of legislation upon the State executive. 
This is done through a willingness to let poorly worked out 
measures and special acts pass with the excuse that the 
Governor will veto unwholesome measures. 

The judicial branch of the government has also learned 
not to respect too highly the work of the legislature. In a 

52 The Delates of the Constitutional Convention, 1857, Vol. I, p. 565. 



36 IOWA JOURNAL OF HISTORY AND POLITICS 



recent case the Supreme Court of Pennsylvania said in re- 
gard to the constitutional restrictions against local and 
special legislation : 

It Avas a wise provision and will be sternly enforced. It is our 
purpose to adhere rigidly to that instrument, that the people may 
not be deprived of its benefits. It ought to be unnecessary for this 
court to make this judicial declaration, but it is proper to do so, in 
view of the amount of legislation which is periodically placed upon 
the statute book in entire disregard of the fundamental law.^^ 

This thrusting upon the courts of statutes repugnant to 
the fundamental law has done much to lessen the respect of 
the judiciary for the legislature. In the president's address 
before the Pennsylvania Bar Association in 1898, Mr. 
Hensel used the following strong language : 

Session after session, their [the legislature's] work is character- 
ized by willful defiance and reckless disregard of plain constitu- 
tional mandate, executive warning and judicial precedent. 
Unconstitutional, special and local acts; pensions and gratuities 
without warrant of law^ ; bald attempts to revive local legislation by 
the repeal of local repeals; acts inadequate for their purpose and 
intent ; bills expressed in unintelligible language ; different statutes, 
identical in purpose, and even in text, separately enacted at the 
same session, are allowed to pass — only to choke and obstruct the 
consideration of really useful and needed legislation that is offered.^^ 

The practice of enacting special and local legislation has 
often become the stronghold of corruption in legislative 
bodies. It affords the political boss and his backers a pow- 
erful aid in granting or withholding special privileges and 
advantages. It wastes time : it has been one of the greatest 
factors in accelerating the tendency to increase the power 
of the executive department at the expense of the legislative 
branch of the government. It has decreased the respect of 

53 Morrison v. Bachert, 120 Pa. 322, cited in and quoted from Beport of the 
Fourth Annual Meeting of the Pennsylvania Bar Association, 1898, p. 121. 

54 Beport of the Fourth Annual Meeting of the Pennsylvania Bar Association, 
1898, p. 137. 



SPECIAL LEGISLATION 



37 



the people for legislative bodies and of the individual legis- 
lator for the body in which he sits. And finally, special leg- 
islation seems to be, in part at least, responsible for the 
widely deplored retrogression of State legislatures. 

VI 

PEOPOSED EEMEDIES FOE SPECIAL LEGISLATION 

In the movement for the improvement of the legislative 
product it is probably true that the abuses of local and spe- 
cial legislation are over-emphasized and that the legitimate 
place of such legislation is minimized if not entirely over- 
looked. In pro\dding for constitutional restrictions it has 
too often been assumed that local needs are uniform, and 
that local and special legislation is never based upon real 
necessity. Now the fact is that the economic and social 
needs of different communities of a State, demand variation 
in regulation. The solution of the problem, therefore, does 
not seem to lie in the absolute prohibition of all special leg- 
islation, but rather in the adoption of some means through 
which the legitimate demand for special consideration can 
l3e met without opening the way to the abuses which have 
too often arisen through the enactment of local and special 
legislation. 

A very simple solution of the whole difficulty would be to 
eliminate the problem by ignoring it so far as constitutional 
restrictions are concerned. That is to say, the legislature 
might be left free to pass special laws when the situation 
seems to warrant their enactment. This solution appeals 
I)oth to the legislators themselves and to the people. 

On the other hand an enormous amount of local and spe- 
cial legislation has undoubtedly done much to decrease the 
confidence of the people in legislative bodies, and partly for 
this reason fewer legislative sessions have been advocated 
-as a protection against the legislature. The flood of un- 



38 IOWA JOURNAL OF HISTORY AND POLITICS 



necessary special legislation in Alabama did mucli to bring 
about the radical move of increasing the interval between 
regular sessions of the State legislature to four years. And 
it was argued with effect in the Iowa constitutional conven- 
tion of 1857 that the restrictions on local and special legis- 
lation would make annual sessions of the legislature 
unnecessary. It would be difficult to show, however, that a 
decrease in the number of legislative sessions would pre- 
vent unwholesome special legislation. 

It has been suggested that much of the abuse of local and 
special legislation might be eradicated if the legislature 
could choose a standing commission on special bills — the 
commission to be made up of lay citizens and to hold ses- 
sions, before the legislature convened, at which sessions the 
members of the commission would have power to investigate 
all local and special bills and report to the legislature. This 
would require the preparation in advance of all bills for 
special legislation. Publicity could be had and the unwhole- 
some bills could be sifted out. A reform of this character 
would, however, add one more to the ever-increasing num- 
ber of special commissions. 

At the present time a number of the States require that 
certain special and local bills be filed with the proper com- 
mittee before presentation, and that notice be given to the 
localities to be affected. Another suggestion is that provi- 
sion be made for a separate calendar for local and special 
bills and that the expense of such legislation be charged to 
the parties interested. Or the requirements might be made 
that all special and local bills be introduced early in the 
session or before a specified date and that there be publicity 
of procedure on such bills. 

In New York it is recognized that special legislation for 
individual cities may at times be desirable; but it is also 

55 Orth's Special Legislation in The Atlantic Monthly, Vol. 97, p. 72. 



SPECIAL LEGISLATION 



39 



conceded that some limit should be placed upon such action. 
While the policy of classifying cities according to popula- 
tion and requiring uniformity of legislation for all the 
municipalities in each class is practiced, there is also a con- 
stitutional provision whereby special legislation may be en- 
acted for individual cities. In such cases the city to be 
affected by the proposed act must be consulted. Legislation 
applying to a single city, or to any number of cities in a 
class less than the whole class, must be sent to the mayor of 
the city concerned after it has passed both branches of the 
legislature. The mayor is required to return the measure 
within fifteen days with a statement as to whether it is ac- 
ceptable to the city authorities. If the measure is acceptable 
it goes to the Governor for his signature : if it is objection- 
able it must be passed a second time by both houses before 
going to the Governor. 

In the State of Illinois special legislation for the city of 
Chicago is permitted, but before such legislation can go into 
operation it must receive the sanction of the voters of the 
city at a referendum election. While this provision does 
not guarantee that Chicago will always get the legislation 
that it wants and needs, it does guard against obnoxious 
measures.^^ 

The law-making body in Iowa has usually considered the 
local areas to be the agents of the State and dependent upon 
the legislature. Indeed, under the American form of gov- 
ernment ^Hhe legislature creates municipal corporations, 
defines and limits their powers, enlarges or diminishes them 
at will, points out the agencies which are to execute them, 
and possesses such general supervision over them as it shall 
deem proper and needful for the public welfare. ''^^ 

56 For a brief discussion of the New York plan and the Illinois plan see 
Mnnro 's The Government of American Cities, pp. 58-60. 

57Patton's Home Eule in Iowa in loiva Applied History Series, Vol. IT, p. 
121. 



40 IOWA JOURNAL OF HISTORY AND POLITICS 



There is much difference of opinion as to the proper posi- 
tion of local areas — particularly that of municipal corpora- 
tions. At the same time ^'the view which seems to have 
gained the greatest foothold outside the legislature is the 
view that municipal corporations ought not to be considered 
as administrative agents of the State: they should be al- 
lowed to determine their own organization and policies. "^^ 

As long as the present scheme of municipal organization 
obtains it will be almost impossible to do away with the 
large volume of the special legislation which is now being 
enacted. In Iowa in 1911 twenty-six acts were passed giv- 
ing cities and towns power to act in matters where they 
ought to be able to act without special legislative authority ; 
and thirty-three legalizing acts for the relief of cities and 
towns were passed at the same session of the General As- 
sembly. 

Home rule for local governmental areas — the right of 
the people within a given area to govern themselves — 
seems to be the most promising remedy for over-legislation 
in the form of special acts. Moreover, the tendency in leg- 
islation seems to be toward a more extensive system of 
local self-government. Many of the States have already 
provided a more or less extensive system of home rule 
charters for cities, and a few have adopted the same scheme 
for counties.^^ This system originated in Missouri with the 
adoption of the Constitution of 1875, which gave to the city 
of St. Louis privileges in self-government which had never 
before been possessed by any American municipality: the 
people were allowed to select a board of freeholders to frame 

ssPatton's Home Eule in Iowa in Iowa Applied History Series, Vol. II, p. 
122. 

59Horack's The WorTc of the Thirty-fourth General Assembly of Iowa in 
The Iowa Jouenal of History and Politics, Vol. IX, p. 478. 

60 See Patton's Home Bule in Iowa in Iowa Applied History Series, Vol. II, 
pp. 91, 133. 



SPECIAL LEGISLATION 4^ 

a charter for the city without interference from the legisla- 
ture, and this charter was to be submitted to the people for 
their approval or rejection. At first this scheme grew 
slowly, but it has been modified and extended rapidly since 
1900. 

It can not be said, however, that placing the home rule 
charter system on a constitutional basis has eliminated all 
special legislation. The legislatures of all the States still 
retain large control over the home rule cities. In most of 
the States the courts have been inclined to restrain the ac- 
tion of the local self-governments within the narrowest pos- 
sible limits. But this does not mean that greater freedom 
can not be achieved and that special legislation can not be 
further reduced through the application of the principle to 
local governments. 

Constitutional restrictions, both specific and general, 
have done much to decrease the volume of State legislation 
and do away with other objectionable features of special 
legislation. They indicate that the existence of the problem 
with its accompanying abuses is recognized and that there 
is a determination to solve the problem and do away with 
legislative inefficiency. It was stated earlier in this paper 
that in States where private corporations can be legislated 
for only by general laws, the largest body of special legis- 
lation consists of acts relating to municipal corporations. 
It seems reasonable to believe that when the problem of 
State and local functions is clearly understood and acted 
upon the necessity for the larger part of special legislation 
will have disappeared. 

Ivan L. Pollock 

The State Historical Society of Iowa 
Iowa City Iowa 



EECENT LIQUOR LEGISLATION IN IOWA 

Few problems in recent times have been the cause of 
greater embarrassment to legislators, administrative offi- 
cers, and political party leaders than the regulation of the 
liquor traffic — a subject concerning which there has been 
little scientific data upon which to base a constructive pro- 
\ gram of legislation. The forces leading in the movement 
for temperance reform have been energetic and at times 
fanatic in their zeal : too often they have declined to accept 
established facts which did not accord with their views. 
On the other hand, the liquor interests in advancing argu- 
ments to combat the enactment of obnoxious legislation 
have been over-eager to make out a good case for them- 
selves. It is only in very recent years that really serious 
attempts have been made to study the drink habit in its 
physiological, moral, and social aspects, and to formulate a 
scientific plan for the elimination of the evils of intemper- 
ance. 

Wave after wave of prohibitory legislation has swept 
through the Commonwealths of the United States during 
the last three-quarters of a century. At present the great 
interest in the subject has been heightened by the regula- 
tory measures taken by the warring nations of Europe. 
That the liquor question is one to be reckoned with in Iowa 
just now is evidenced by its embittering effect on the recent 
political campaign and by the prohibitory constitutional 
amendment now awaiting the action of the General As- 
sembly. 

IOWA'S EXPERIENCE IN LIQUOR LEGISLATION BEFORE 1909 

Almost every known method of regulating the liquor 
traffic has been given a trial in Iowa during the seventy 

42 



RECENT LIQUOR LEGISLATION IN IOWA 43 

years since the State was admitted into the Union, as was 
shown by the writer in a series of articles published in 
1908/ A local option law enacted in 1847 gave immediate 
promise of satisfaction ; bnt within two years the results had 
proved so disappointing that the legislature reverted to the 
policy of Territorial days and passed a license law. Little 
good was accomplished by a provision of the Code of 1851 
which prohibited the sale of intoxicating liquor ^^by the 
glass'' or **by the dram" for consumption on the premises, 
but did not forbid its sale as merchandise. 

Beginning in the winter of 1850-1851, however, there 
sprang up a propaganda which hitherto had claimed few 
adherents in Iowa, but which soon assumed large propor- 
tions. This was a movement in favor of prohibition. Great 
impetus was given to this agitation by the enactment of the 
famous prohibitory law of Neal Dow in Maine in June, 1851 ; 
and during the succeeding four years the temperance forces 
in Iowa bent all their energies toward securing a similar 
law for this State. By a threat of forming a separate polit- 
ical party they even induced the Whigs to place in their 
platform of 1854 a plank declaring that ^^the people of this 
State are prepared for, and their interests require, the pas- 
sage of a law prohibiting the manufacture and sale of ardent 
spirits within the State as a beverage." Success crowned 
the movement in 1855 when a prohibitory law was enacted 
and received popular approval upon being submitted to a 
vote of the people in accordance with a referendum clause 
in the law itself. Moreover, the constitutionality of the law 
was upheld by the Supreme Court in spite of its referendum 
feature. 

Apparently satisfied with having placed the law on the 
statute books, most of the advocates of prohibition forth- 

1 These articles appeared in The Iowa Journal of History and Politics, 
Vol. VI, pp. 55-87, 339-374, 503-608; and to them the reader is referred for a 
more detailed discussion of liquor legislation in Iowa before 1909. 



44 IOWA JOURNAL OF HISTORY AND POLITICS 



with lost interest in the result. Soon it was proved that a 
law of this nature, without adequate machinery and per- 
sonal initiative for its enforcement, does not long escape 
frequent and open violation. A reaction ensued and in 
1857 the legislature passed a license law with a local option 
feature. This statute, however, failed to meet the test of 
constitutionality at the hands of the Supreme Court. One 
year later the severity of the prohibitory law was mitigated 
by an amendment which exempted from the prohibition 
'^beer, cider from apples or wine from grapes, currants or 
other fruits grown in this State. 

The succeeding two decades witnessed no important de- 
velopment in the matter of liquor legislation. It is true that 
many minor laws were enacted and that in 1870 a local 
option measure was passed only to meet the decree of un- 
constitutionality. The prohibitory law of 1855, as amended 
by the wine and beer clause of 1858, remained on the statute 
books ; but it exercised so little restraint on the liquor traffic 
that it encountered almost no opposition from the dealers in 
intoxicants. The prohibition adherents, on the other hand, 
grew increasingly uneasy over the situation and finally 
forced the liquor question into politics by the launching of 
a third party in the campaign of 1875. In the following 
year there occurred the organization of the State Temper- 
ance Alliance, which soon grew to be a remarkably effective 
agency for the crystallizing of prohibition sentiment. 

Then in 1878 there was inaugurated a campaign for an 
amendment to the State Constitution prohibiting the manu- 
facture and sale of intoxicating liquor. With surprisingly 
little opposition the Republican party espoused the cause 
of constitutional prohibition in its platform of 1879. An 
amendment was proposed by the General Assembly in 1880, 
approved at the succeeding session in 1882, submitted to the 
people in June, 1882, and adopted by them by a majority of 



RECENT LIQUOR LEGISLATION IN IOWA 45 

nearly thirty thousand. But in the midst of the exultation 
in the prohibition camp there came the disheartening de- 
cision of the Supreme Court, declaring the amendment in- 
valid on the ground of a flaw in the process of its adoption. 

Staggered by this blow, the prohibitionists did not long 
sit in sackcloth and ashes, but began looking about for other 
means to accomplish their purposes. Finding scant favor 
in the traditional attitude of the Democratic party, they 
turned to the Republicans in hope of aid. Nor were they 
disappointed, for in its platform of 1883 the Republican 
party pledged itself to secure in statutory form the prin- 
ciple of prohibition for which a majority of the people had 
expressed their wish at the special election in June, 1882. 
In the campaign of 1883, therefore, the question of prohibi- 
tion was the dominant issue. The Republican party gained 
control of the legislature, and in 1884 carried out its pledge 
by enacting a stringent prohibitory law. 

The years which followed were marked by a trial of the 
law, which was from time to time strengthened by amend- 
ments. On the whole prohibition went into effect without 
disturbance, although in some localities there was open de- 
fiance, serious disorder, and even mob violence. However 
numerous may have been the violations of the law, the of- 
ficial statistics show that down to 1889 at least it had the 
effect of greatly reducing the number of places where liquor 
was sold openly, and that it practically abolished the manu- 
facture of liquor within the State. 

In 1889 the liquor question played such a prominent part 
in politics that the Democrats, taking advantage of the 
growing reaction against prohibition, succeeded in electing 
their candidate for Governor — a success which was repeat- 
ed two years later. Then it was that the Republican party 
abandoned prohibition, by declaring it to be no test of Re- 
publicanism and relegating the whole subject to the legisia- 



46 IOWA JOURNAL OF HISTORY AND POLITICS 



tiire — with the suggestion that an adjustment be made in 
the law so that the various communities of the State would 
be given such control over the liquor traffic as would ^^best 
serve the cause of temperance and morality/' 

The result was all that could be desired : the Eepublicans 
came back to power in the State government. At the ses- 
sion of the General Assembly in 1894 there was placed upon 
the statute books that legislative anomaly known as the 
Mulct Law. The prohibitory law was not repealed, but it 
was provided that it might be violated upon the consent of 
a certain percent of the people of a given community and 
the payment of a certain sum of money. The Mulct Law, 
though practically a local option measure, was upheld by 
the court. 

The liquor legislation of the next fifteen years consisted 
chiefly of amendments to this law and to the prohibitory 
law. Especially during the year 1908 a decided effort at 
law enforcement was made by the Attorney General with 
conspicuous results in many communities. This was the 
situation in Iowa when the General Assembly convened in 
1909. 

The following pages will be devoted to a brief discussion 
of the liquor legislation enacted by the General Assembly at 
the last four sessions. No attempt will be made to discuss 
the administration of these laws or to measure their success 
or failure. 

THE MOON LAW OF 1909 

For the first time since 1894 an unusual interest in liquor 
legislation was displayed as the time for the convening of 
the Thirty-third General Assembly drew near. It was pre- 
dicted that the regulation of the liquor traffic would be one 
of the main topics before the legislature, owing to the ten- 
dency to disobey the existing laws in many communities dur- 
ing the preceding three years. 



RECENT LIQUOR LEGISLATION IN IOWA 



am a firm believer in local self-government, ' ' said Gov- 
ernor Garst in Ms message to the legislature, ''and each 
community should be left to the control of its own affairs 
just as far as possible without interfering with the interests 
of society as a whole. But I believe that the law should be 
amended so that the machinery for the enforcement of the 
regulations surrounding the saloons and the liquor traffic 
will be strengthened and be made effective in every com- 
munity of the State." Furthermore, he recommended that 
Congress be memorialized to grant to the communities con- 
cerned the initiative in the matter of issuing Federal licen- 
ses for the sale of intoxicating liquors. In other words, 
the issuance of such licenses should be dependent upon the 
attitude of the people of the respective communities. ''I 
believe it should be your policy,'' declared the Governor, 
*4n every move you make, to strengthen the barriers we 
have tried to place between the saloon power and our boys 
and men''. In another connection he suggested a change 
in the apportionment of the funds derived from the mulct 
tax.2 

Governor Carroll, in his inaugural address to the legis- 
lature, made a strong plea for more effective provisions to 
insure law enforcement, with special reference to the liquor 
laws. If local officials would not enforce the law, then there 
should be some other authority competent and ready to do 
so.^ 

The demand for new legislation met with a hearty res- 
ponse in the General Assembly. At least eight bills dealing 
with the liquor traffic were introduced in the House of 
Eepresentatives, and eleven in the Senate.* All sorts of 
proposals were represented in these bills. Especially 

2 Bouse Journal, 1909, pp. 31, 32, 40. 

3 Kouse Journal, 1909, pp. 110, 111. 

^Eouse Bills, 1909, File Nos. 10, 209, 212, 325, 352, 372, 479, 518; Sciwte 
Bills, 1909, File Nos. 16, 35, 59, 76, 130, 298, 300, 302, 330, 356, 378. 



48 IOWA JOUENAL OF HISTORY AND POLITICS 



worthy of note was the bill introduced in the House by Mr. 
L. W. Inman. According to the terms of this bill the State 
was to be divided into two districts, and for each district 
a liquor law enforcement commissioner'' was to be ap- 
pointed by the Governor, with the consent of the Executive 
Council. Each of these commissioners was to receive a 
salary of $2,500, and might appoint not to exceed ten 
deputies. After considerable discussion the bill was lost in 
the House by a vote of sixty-six to thirty.^ 

The bill, however, which, during its discussion and amend- 
ment and after its final enactment into law, attracted the 
widest notice and was of greatest importance was the bill 
introduced by Senator Edwin Gr. Moon. As originally in- 
troduced this bill consisted of but one section which pro- 
posed to add the following proviso to the Mulct Law as 
found in the Code Supplement of 1907: 

But no city council shall, by resolution, consent to the sale of 
intoxicating liquors, by a larger number of persons than one to 
each one thousand inhabitants of said city, and in all cities where 
a larger number of resolutions of consent than one to each one 
thousand inhabitants have hitherto been granted, the city council 
shall by resolution designate which of said resolutions of consent 
shall continue, in accordance with the terms hereof.^ 

The contents of the bill were greatly expanded by the 
Senate Committee on the Suppression of Intemperance, of 
which Senator George Cosson was the chairman. This 
committee reported a substitute bill ^ which, with a few 
minor changes, passed through all the necessary stages of 
legislative procedure and became a law. The central idea 
of the original bill was retained, however, and hence the 
law has been known popularly as the '^Moon Law". 

Section one of the law limited the number of saloons 

^ Bouse Bills, 1909, File No. 325; Rouse Journal, 1909, pp. 1384-1391. 

6 Senate Bills, 1909, File No. 298. 

7 Senate Journal, 1909, pp. 789, 790. 



RECENT LIQUOR LEGISLATION IN IOWA 



thereafter to be authorized to one to each one thousand in- 
habitants; although in towns of less than one thousand 
population the council might grant consent to one person to 
sell liquors in that town. Section two — inserted no doubt 
for the benefit of the river towns — declared that in cities 
and towns where a greater number of persons than one to 
each one thousand inhabitants ^^now hold resolutions of con- 
sent to sell intoxicating liquors at retail, it shall not be 
mandatory under the provisions of this act for city or town 
councils to cancel or withdraw a sufficient number of such 
resolutions of consent" to comply with the provisions of the 
first section of the act. Indeed, these resolutions of consent 
might even be renewed in case the persons holding them had 
not been guilty of violating the liquor laws of the State. 
Under section three of the act, however, violators of the laws 
were not to be permitted to sell liquor in the State within 
five years.^ 

Another important law enacted by the Thirty-third 
General Assembly was one which declared in the first sec- 
tion that ^^no one except a qualified elector of the town, 
city or township in which the business is conducted and car- 
ried on shall engage in the sale of intoxicating liquors at 
retail. ' ' Section two was even more significant, for it made 
it unlawful for any person or corporation engaged in the 
^^manufacture, brewing, distilling or refining of intoxicat- 
ing liquors" to be engaged or interested, directly or in- 
directly, in the retail liquor business. Sufficient time was 
given for the making of the necessary readjustments, for 
the act was not to go into effect until the first day of March, 
1910.^ 

Provision for the more careful guarding of the sale of 
liquor by pharmacists was made in a law which declared 

8 Laws of Iowa, 1909, pp. 139, 140. 

9 Laws of Iowa, 1909, p. 140. 



VOL. XV 4: 



50 IOWA JOURNAL OF HISTORY AND POLITICS 



that application blanks, with proper stubs, should be printed 
in book form by the county auditor and furnished to permit- 
holders at cost. The request blanks and stubs must be 
numbered consecutively and the request blanks must con- 
tain the facsimile signature of the county auditor. The 
form of the application blank was also fixed in the law.^^ A 
readjustment in the method of apportioning the revenue 
derived from the mulct tax was required by an act approved 
on March 25th, and which went into effect at once.^^ 

Still another act passed at this session made the drinking 
of intoxicating liquor on passenger trains or street cars a 
misdemeanor, and set forth the power of railway and street 
car conductors with respect to intoxicated persons.^^ 
Section thirty of the militia law prohibited the sale of in- 
toxicating liquors within one mile of any military ' ^ encamp- 
ment, camp or station" by anyone ^'except a person en- 
gaged in the business prior to the establishment of such en- 
campment ' 

The Moon Law, it may be said, met with general approval 
and had the desired effect in reducing the number of saloons. 
The official statistics show that the number of places where 
liquor was legally sold in Iowa in September, 1912, was less 
than half the number reported in 1908. In other words, the 
number had decreased from over 1600 in 1908 to about 
740 in 1912.^* Moreover, Governor Carroll in his message 
to the General Assembly in 1911 was able to express his be- 
lief that ^Hhe liquor laws of .the state are better enforced 
today than they have been at any time in recent years. 

10 Laws of Iowa, 1909, pp. 136, 137. 

11 Laws of Iowa, 1909, pp. 137, 138. 

12 Laws of Iowa, 1909, p. 138. 

13 Laws of Iowa, 1909, p. 128. 

14 Iowa Official Register, 1909-1910, p. 718; Iowa Official Begister, 1913- 
1914, p. 767. 

'L5 House Journal, 1911, p. 53. 



RECENT LIQUOR LEGISLATION IN IOWA 51 
THE LIQUOR LAWS OF 1911 

Interest in the liquor problem did not diminish after the 
passage of the Moon Law and other statutes of 1909. In 
fact, in 1910, for the first time since 1901, the two leading 
political parties took definite cognizance of the issues at 
their State conventions. Under the operation of Republi- 
can laws in Iowa", boasted the Republican platform, tem- 
perance sentiment has been promoted, temperance territory 
extended, and saloon influence minimized. While Republi- 
can control is continued no backward step shall in any 
degree imperil the moral welfare of the state. ''^^ On the 
other hand, in the Democratic platform that party ex- 
pressed itself ^4n favor of as large a degree of individual 
liberty as is compatible with the rights of organized 
society ", and therefore the party advocated ^*a strict local 
option law with high license, and the minimum to be fixed 
by the legislature under which the municipality shall de- 
clare by vote of the people thereof, whether or not intoxi- 
cants shall be sold therein. ' 

Thus it was perhaps natural that as many as twenty-five 
liquor bills — sixteen in the House and nine in the Senate — 
should be introduced in the Thirty-fourth General Assembly 
in 1911.^^ Among the bills which were not enacted was one 
^ ^ to prohibit treating to intoxicating drinks, including wine 
and beer, in saloons or other public places. ' There were 
at least three bills forbidding the sale of intoxicating liquors 
within five miles of any institution under the State Board 
of Education, none of which was adopted.^^ Still another 

T^^Iowa Offtcial Begister, 1911-1912, p. 347. 

•yT Iowa OiJicial Begister, 1911-1912, p. 351. 

Bouse Bills, 1911, File Nos. 3, 30, 65, 81, 127, 136, 214, 234, 259, 278, 328, 
380, 436, 468, 539, 570; Senate Bills, 1911, File Nos. 32, 36, 61, 85, 98, 153, 
207, 230, 410. 

19 Bouse Bills, 1911, File No. 65. 

^0 Bouse Bills, 1911, File Nos. 127, 136; Senate BilU, 1911, File No. 98. 



r)'2 IOWA JOUKNAL OF HISTORY AND POLITICS 



unsuccc^ssrul bill required the mayors of cities or towns, 
upon tlu^ ])etition of twenty percent of the voters at the last 
precodinic el(X'.tion, to submit to a vote of the electors of the 
couiiiniiuty the question of whether or not saloons should 
be permitted within the city or town. Eegulation of the 
liquor traffic was provided in case of a favorable vote.^i 

Out of the twenty-five liquor bills four became law.^^ 
One of these increased the maximum fine for the first viola- 
tion of the liquor laws from one hundred to two hundred 
dollars; while the penalty for the second and each subse- 
quent offense was made heavier by extending the possible 
length of imprisonment in the county jail from six months 
to one year.23 Two laws had to do with the sale of liquor 
by druggists: one required the person making the sale to- 
fill out the application blank in the presence of the appli- 
cant ''and prior to the applicant's signature''; and the other 
regulated the sale of intoxicating liquors at wholesale by 
wholesale drug firms. 

Especially important was the last of the four laws, which 
required county attorneys ' ' to secure from the federal inter- 
nal revenue collectors for Iowa, on or before the fifteenth 
day of January, April, July and October of each year, a cer- 
tified copy of the names of all persons who have paid to the 
federal government special taxes imposed upon the business 
of selling intoxicating liquors within their respective 
counties, except such persons within their counties as are 
engaged in the sale of intoxicating liquors under the mulct 
law and registered pharmacists who hold valid permits". 

21 House Bills, 1911, File No. 328. It may be noted in this connection that 
Eepresentative Shankland, the author of this bill, renewed his efforts along the 
same line two years later, at which time Senator Ream also introduced a similar 
hill.— House Bills, 1913, File No. 436; Senate Bills, 1913, File No, 308. 

22 House Bills, 1911, File Nos. 30, 214, 278, 436. 

23 Laws of Iowa, 1911, p. 101. 

24 Laws of Iowa, 1911, pp. 101-103. 



RECENT LIQUOR LEGISLATION IN IOWA 



53 



The appearance of any person's name on this certified list 
was declared to be prima facie evidence that said person 
is engaged in the sale of, or keeping with intent to sell, in- 
toxicating liquors in violation of law'', unless the person 
could show that he was selling under the Mulct Law or was 
a registered pharmacist ^'actually engaged in business as 
such ".25 

It should also be noted that a section of the lengthy act 
on the subject of mines and mining adopted at this session 
forbade the presence of intoxicated persons and the use or 
possession of intoxicants by any person in or around 
mines. 2^ 

THE LIQUOE LAWS OF 1913 

The two years which intervened between the sessions of 
the Thirty-fourth and Thirty-fifth General Assemblies did 
not witness any widespread agitation for reform in liquor 
legislation. Neither of the leading political parties in 1912 
took any notice of the subject in their platforms. All 
Governor Carroll had to say in his biennial message in 
J anuary, 1913, was practically a repetition of his statement 
of two years before concerning progress in the matter of 
law enforcement ; 2^ while the inaugural address of Gov- 
ernor Clarke was silent on the topic. 

Nevertheless, the usual number of bills — about twenty in 
this instance — proposing further regulation of the liquor 
business, were introduced in the legislature in 1913.^^ Of 
those which failed to run the whole gauntlet of legislative 
procedure perhaps the most interesting were the bills of 
Eepresentative James M. Brockway and Senator Edgar P. 

25 Laws of Iowa, 1911, p. 104. 

26 Laws of Iowa, 1911, p. 118. 

27 House Journal, 1913, pp. 37, 38. 

28 House Bills, 1913, File Nos. 25, 169, 173, 195, 245, 278, 368, 436, 471, 590, 
662; Senate Bills, 1913, File Nos. 121, 132, 168, 244, 308, 438, 524, 532, 539. 



51 IOWA JOUimAL OP HISTORY AND POLITICS 



Viwv piDvidiiic: that pliarmacists could sell liquor only upon 
l)roscription of a re^^ularly practicing physician Senator 
Xicliolas J. Schrup's proposed amendment to the Moon 
Law limiting the number of saloons in any community to 
ouv to each liundred legal signers of petitions of consent 
and the bill by Senator Charles H. Thomas placing addi- 
tional restrictions on the shipment and delivery of liquor 
into and within the State.^^ 

The law of this session which attracted the widest atten- 
tion was the so-called five-mile law, for the enactment of 
which such a persistent effort had been made at the previous 
session of the legislature. After the expiration of the 
existing petitions of consent no saloon could be operated 
"within a distance of five (5) miles from any normal school, 
college or university situated within the limits of any city 
or town and under the control of the state board of educa- 
tion." Breweries were excepted from this prohibition."^^ 
As a matter of fact, the only city affected by this act was 
Iowa City, where the petition of consent was due to expire 
on July 1, 1916. This provision for the removal of saloons 
from the midst of the students attending the State Univer- 
sity was hailed with hearty approval from all parts of the 
State. 

Another law which applied to only a few localities, but 
which was the subject of widespread interest, was an 
amendment to the Moon Law, occasioned by the situation in 
Davenport and Dubuque, where efforts to reduce the large 
number of saloons had proved unavailing. The Moon Law 
was now extended to special charter cities — Davenport 
and Dubuque being at that time the only cities of that class 

20 House Bills, 1913, File No, 173; Senate Bills, 1913, File No. 132. 

30 Senate Bills, 1913, File No. 168. 

31 Senate Bills, 1913, File No. 532. 

32 Lav:s of Iowa, 1913, p. 214. 



RECENT LIQUOR LEGISLATION IN IOWA 55 



in which saloons were permitted. In special charter cities 
where the number of saloons exceeded one to each one thou- 
sand inhabitants it was made mandatory for the city council 
to cancel or withdraw all of the resolutions of consent in ex- 
cess of the number indicated above according to a definite 
plan: one-third on July 1, 1913, one-half of the remainder 
on July 1, 1914, and by July 1, 1915, all the resolutions of 
consent in excess of the proper number should be cancelled 
or withdrawn. In addition, it was provided that "from and 
after the passage of this act all resolutions of consent grant- 
ed by the council of any city acting under special charter in 
excess of the number existing in such city at the time of the 
passage of this act shall be void and of no force and ef- 
fect. ^'^^ 

The enforcement of the liquor laws was facilitated by a 
provision requiring any peace officer to make a ^ ^ special in- 
vestigation of any alleged or supposed infraction of the law 
within his county'' whenever directed in writing to do so by 
the county attorney. Peace officers making such investiga- 
tions were also required to furnish the county attorney with 
written reports of their findings.^^ By another act the 
hours of the day during which liquor might be sold in 
saloons was changed so that the hour of opening in the 
morning was seven instead of five, and the hour of closing at 
night nine instead of ten.^^ 

Severe penalties were provided for furnishing or aiding 
inmates of certain State institutions to secure intoxicating 
liquor.^^ And finally, a section in the employers' liability 
and workman's compensation law enacted by the Thirty- 
fifth General Assembly made intoxication a bar to re- 
covery for work accidents.^^ 

33 Laws of Iowa, 1913, pp. 215, 216. 

34 Laws of Iowa, 1913, pp. 213, 214. 

35 Laws of Iowa, 1913, p. 215. 

36 Laws of Iowa, 1913, pp. 311, 312. 

37 Laws of Iowa, 1913, p. 155. 



r,i] IOWA JOURNAL OP HISTORY AND POLITICS 



Till-: PROHIBITORY LEGISLATION OF 1915 

(ir.'ulually the saloon in Iowa was being crowded to the 
waW. At (^acli succeeding session of the General Assembly 
sonu^ new device was provided whereby the traffic in in- 
toxicating liquors might be limited or entirely cut off. 
While there was no spectacular prohibition movement in 
Iowa during the biennium from 1913 to 1915, no careful ob- 
server of the period could fail to be impressed with the 
growing feeling of opposition to the public saloon. Besides 
it was natural that Iowa — a preeminently rural Common- 
wealth — should be particularly susceptible to the contagion 
of prohibition sentiment which was nation- w^ide. 

The effect produced in Iowa, however, was in this instance 
such that its manifestations were not discernible in the usual 
manner. To be sure, the Republican party in its platform 
of 1914 praised the ^^wise laws enacted by the Eepublicans 
of Iowa, that have resulted in the suppression of intem- 
perance and materially aided in arousing and fostering in 
the state a love of temperance and good government ".^^ 
The Progressive party even favored amendments to both 
the Federal and State Constitutions prohibiting the manu- 
facture and sale of intoxicating liquors as a beverage.^^ 
But the Democrats took no notice of the subject; while the 
Prohibitionist candidate for Governor received the smallest 
vote received by the head of that party since 1891.^^^ 

Indeed, it was not until the session of the legislature in 
1915 that the undercurrent of feeling against the saloon 
really made itself felt. And so it is evident that the pheno- 
menal activity of the Thirty-sixth General Assembly in 
liquor legislation was a spontaneous expression of the quiet 

38 Iowa Offlcial Begister, 1915-1916, p. 377. 

39 Iowa Official Register, 1915-1916, p. 384. 

40 The Prohibitionist candidate for Governor in 1914 received 6,837 votes; 
the next lowest vote in the preceding ten campaigns was 7,639 in 1899.— 
Iowa Official Begister, 1915-1916, p. 543. 



RECENT LIQUOR LEGISLATION IN IOWA 57 



convictions of a large portion of the people of the State, 
rather than a response to an active, organized demand such 
as brought about the prohibitory legislation of 1855 and 
1884. 

The first bill introduced in the Senate in 1915 was one in- 
creasing the penalties for the violation of the liquor laws; 
while the fourth bill presented in the House of Representa- 
tives was one for the repeal of the Mulct Law and all amend- 
ments to its provisions. While neither of these particular 
bills was enacted into law the ideas which they contained 
were embodied in legislation. Moreover, they were the sig- 
nal for the introduction of liquor bills which did not cease 
until during the session at least thirty-six such bills were 
introduced in the Senate and seven in the lower house.*^ 

Interesting proposals were made in some of the measures 
which fell by the wayside. A bill by Representative Arthur 
W. Slaught declared any person convicted of intoxication 
three or more times within twelve months guilty of a felony 
and punishable by a fine of not more than five hundred dol- 
lars or imprisonment in the penitentiary for one year, or 
both.^2 rp]^g House Committee on the Suppression of In- 
temperance introduced a bill granting to cities and towns, 
including cities under special charter or commission gov- 
ernment, the right to pass ordinances granting the privilege 
of manufacturing and selling malt liquors containing less 
than one percent of alcohol.^^ Senator L. E. Francis was 
the author of a bill forbidding towns of less than one thou- 
sand inhabitants to license or permit the sale of intoxi- 
cating liquors while a bill prohibiting the practice of 

41 Senate Bills, 1915, File Nos. 1, 7, 9, 10, 11, 12, 13, 20, 21, 22, 28, 81, 82, 
88, 90, 126, 163, 164, 166, 167, 173, 181, 216, 294, 310, 418, 419, 420, 421, 422, 
423, 424, 425, 426, 427, 484; House Bills, 1915, File Nos. 4, 229, 249, 301, 485, 
558, 601. 

42 House Bills, 1915, File No. 301. 

43 House Bills, 1915, File No. 601. 

44 Senate Bills, 1915, File No. 21. 



IOWA JOURNAL OF HISTORY AND POLITICS 



tr(>Mliim- in saloons was broug-lit in by Senator Albert D. 
X v(\''* Soiiator L. E. Crist proposed to increase the mini- 
inuni mulct tax from six hundred to twelve hundred dol- 
lars."- 

()\\ iii^u- to tlie change in the method of publishing the laws 
inaiii^-urated at this session of the legislature, it is some- 
what diflficult to present legislation in the form in which it 
was enacted. It appears, however, that the contents of 
twelve bills,^' most of which were introduced by Senator 
Chester W. Whitmore, were embodied in the chapter on 
intoxicating liquors in the Supplemental Supplement of 
1915.^^ This chapter, numbered chapter six of title 
twelve, to correspond with the portion of the Code dealing 
with the same subject, constituted a substantial revision 
of the liquor laws of the State, including the repeal of the 
vital portion of the Mulct Law and subsequent amend- 
ments.^^ Since the Mulct Law merely made possible the 
violation of the unrepealed prohibitory law upon the ful- 
fillment of certain conditions, the action of the Thirty-sixth 
General Assembly reestablished absolute prohibition as the 
rule in Iowa. In other words, it not only removed all means 
by which the prohibitory law could be legally'' violated, 
but it strengthened the law by increasing the penalties for 
violation and providing additional means for its enforce- 
ment. 

45 Senate Bills, 1915, File No. 82. 

46 Senate Bills, 1915, File No. 90. 

^1 Bouse Bills, 1915, File No. 485; Senate Bills, 1915, File Nos. 7, 418, 420, 
421, 422, 423, 424, 425, 426, 427, Substitute for No. 12. 

48 Supplemental Supplement to the Code of Iowa, 1915, pp. 194-205. Here 
may be found also annotations of court decisions bearing on the application of 
the liquor laws of Iowa rendered since the compilation of the Code Supplement 
of 1913. 

49 A list of the sections of the Mulct Law as found in the Code and supple- 
ment which were repealed in 1915 is given in the Supplemental Supplement to 
the Code of Iowa, 1915, See. 2448-a, p. 201. As will be noted later, not all of 
the provisions of the Mulct Law were repealed. 



RECENT LIQUOR LEGISLATION IN IOWA 59 



Some idea of the new legislation enacted in 1915, and 
which went into effect on January 1, 1916, may be gained 
from a brief enumeration of the changes in and additions 
to the provisions of the Code and supplement. In the first 
place, the clause was omitted which allowed traveling sales- 
men to solicit orders from those authorized to sell or dis- 
pense intoxicating liquors. The method of proceeding 
against violators of the law by injunction and the abate- 
ment of nuisances was retained, but an injunction was made 
binding on the defendant throughout the State, instead of 
merely in the judicial district as before.^^ The penalty for 
the first violation of an injunction remained as before, but 
subsequent violations were made punishable ^^by a fine of 
not less than five hundred dollars or more than one thou- 
sand dollars or by imprisonment in the state penitentiary 

or state reformatory at hard labor for not more than one 
year. ''^2 

District court judges and judges of superior courts in 
cities were given equal power with justices of the peace to 
issue warrants authorizing and searching of premises said 
to contain intoxicating liquors contrary to law, and to try 
cases arising out of the seizure of liquor under such condi- 
tions.^^ Section 2421, relating to the shipment of liquor 
into the State was considerably expanded and made much 
more stringent.^^ Another new clause prohibited the col- 
lection or attempted collection of payment for liquoi ship- 
ped into or within the State to be used for illegal purposes, 

50 Supplemental Supplement to the Code of loiva, 1915, Sec. 2382, p. 194; 
Senate Bills, 1915, File No. 424; Code Supplement of 1913, Sec. 2382, pp. 879, 
880. 

51 Supplemental Supplement to the Code of Iowa, 1915, Sec. 2405, p. 195. 

52 Supplemental Supplement to the Code of Iowa, 1915, Sec. 2407, p. 196. 

53 Supplemental Supplement to the Code of Iowa, 1915, Sees. 2413, 2415, pp. 
196-198. 

^^Supplemental Supplement to the Code of Iowa, 1915, Sees. 2421-a-2421-e, 
pp. 198, 199. 



(;0 UnVA JOURNAL OP HISTORY AND POLITICS 



aiul providcMl that violators might be restrained by injunc- 
tion.'- Tho (lofiiiition of the term bootlegger was ex- 
ti'udiMl to inehule any person soliciting orders ''for the 
s;il(\ slii])niont, or delivery of intoxicating liquor, in viola- 
tion of law"; and the offense of bootlegging was made a 
niis(l(Mnoanor.'**'' Besides, it was made a misdemeanor for 
anvone upon any ''railroad, street or interurban car'' to 
carry intoxicating liquor "upon his person, or in any hand 
baggage, suit case or otherwise, for unlawful purposes ''.^^ 
The penalty for persistent violation of the liquor laws was 
made imprisonment in the penitentiary or reformatory for 
not more than one year.^* 

In addition to these changes some minor amendments 
were made to these provisions of the Mulct Law which were 
not repealed, but which, it would seem, have ceased to be of 
effect since they depended upon sections which were re- 
pealed.^^ In one instance a section which was repealed 
was also amended.^^ 

THE PEESENT LIQUOE LAW OP IOWA 

The person wishing to be informed concerning the liquor 
legislation in force in Iowa to-day must examine chapter six 
of title twelve in the Supplemental Supplement to the Code 
of Iowa, 1915, the Code Supplement of 1913, and the Code 
of 1897. A detailed analysis of all these provisions would 
be out of place in this connection, but an attempt will be 
made to outline the main features of the law as it now 
stands. 

55 Supplemental Supplement to the Code of Iowa, 1915, Sees. 2423-a, 2423-b, 
p. 199. 

56 Supplemental Supplement to the Code of Iowa, 1915, Sees. 2461, p. 203. 
6r Supplemental Supplement to the Code of Iowa, 1915, Sec. 2461-gl, p. 203. 

58 Supplemental Supplement to the Code of Iowa, 1915, Sec. 2461-m, p. 205. 

59 Supplemental Supplement to the Code of Iowa, 1915, Sec. 2435, p. 200. 

60 Supplemental Supplement to the Code of Iowa, 1915, Sec. 2461-i, p. 204. 



RECENT LIQUOR LEGISLATION IN IOWA 61 



The distinctive feature of the law is its absolute prohibi- 
tion of the manufacture and sale of intoxicating liquors, 

which term shall be construed to mean alcohol, ale, wine, 
beer, spirituous, vinous and malt liquor, within the State 
of Iowa. The soliciting, taking, or accepting of ^ ^ any order 
for the purchase, sale, shipment, or delivery of any such 
liquor'' likewise comes under the ban.^^ Penalties for sell- 
ing contrary to law vary according to the number of offenses 
committed by the particular individual and may consist of 
imprisonment for one year in the county jail.^^ Apparently 
the provisions still remain in force which forbid the sale 
of liquor at retail by persons who are not qualified electors, 
and declare that manufacturers of liquor shall not be en- 
gaged or interested in its sale at retail — although these 
provisions would now seem to be of little value. 

The erection, establishment, or use of any building or 
place for the sale or manufacture of liquor contrary to 
law is declared to constitute a nuisance which may be abated 
and for which severe penalties are imposed.^"* Sale of 
liquor by pharmacists for medicinal purposes is the subject 
of detailed regulations which make violations very risky.^^^ 

Intoxication is punishable by fine,^^ as is also the selling 
or giving of liquors to minors, to intoxicated persons, or to 
persons in the habit of becoming intoxicated.^^ The keep- 
ing of liquor in club rooms or other places of a like character 
is forbidden.^® The method of proceeding against viola- 
si Supplemental Supplement to the Code of Iowa, 1915, Sec. 2382, p. 194; 
Code Supplement of 1913, Sec. 2382, pp. 879, 880. 

62 Code Supplement of 1913, See. 2383, p. 881. 

^zCode Supplement of 1913, Sees. 2383-a, 2383-b, p. 881. 

64 Code of 1897, Sec. 2384, p. 822. 

65 Code of 1897, Sees. 2385, 2387, 2389, 2391, 2395, 2396, 2397, 2398, 2399, 
pp. 826-832; Code Supplement of 1913, Sees. 2386, 2388, 2390, 2392, 2393, 
2394, 2400, 2401, 2401-a-2401-f, pp. 883-892. 

66 Code of 1897, Sec. 2402, p. 834. 

67 Code Supplement of 1913, Sees. 2403, 2403-a, pp. 892, 893. 

68 Code of 1897, Sec. 2404, p. 835. 



(ill IOWA JOURNAL OP HISTORY AND POLITICS 



tors of tho li(iuor laws by injunction and the abatement 
of nuisances is clearly stated, and severe penalties are 
imposed upon violators of injunctions.^^ Upon the receipt 
of information from any citizen that liquor is to be found 
in any place contrary to law, any justice of the peace, 
district court judge, or judge of the superior court is re- 
quired ''upon finding probable cause for such information" 
to issue warrants for the search of the suspected premises. 
The procedure at the trial of cases arising in this manner 
is prescribed, and provision is made for the destruction of 
liquor and vessels thus seized."^^ 

Persons selling or giving away liquor and thereby caus- 
ing the intoxication of any other person are liable for the 
expenses of the care of such person during the duration of 
his intoxication.'^ Moreover, the person selling the liquor 
causing the intoxication is liable for damages to any ''wife, 
child, parent, guardian, employer or other person who 
shall be injured in person or property or means of support 
by any intoxicated person, or in consequence of the in- 
toxication, habitual or otherwise, of any person ".'^^ 

The portion of the law w^hich relates to the shipment of 
intoxicating liquors into or within the State, it is be- 
lieved, could well be made more explicit. In the first place 
there is Section 2419 of the Code, which has been on the 
statute books since 1888, but which by court decisions has 
been held inoperative as far as the shipment of liquor into 
the State is concerned, because it interfered with inter- 
state commerce. It w^as made a finable offense for "any 

69 Supplemental Supplement to the Code of Iowa, 1916, Sees. 2405, 2407, pp. 
195, 196; Code Supplement of 1913, Sees. 2406, 2410, pp. 896, 899; Code of 
1897, Sees. 2408, 2409, 2411, 2412, pp. 839-841. 

70 Supplemental Supplement to the Code of Iowa, 1915, Sees. 2413, 2415, pp. 
196-198; Code of 1897, Sees. 2414, 2416, pp. 842, 843, 844. 

71 Code of 1897, See. 2417, p. 844. 

72 Code of 1897, Sec. 2418, p. '844. 



EECENT LIQUOR LEGISLATION IN IOWA 



express or railway company, or any common carrier, or 
person" to carry and deliver intoxicating liquor to any 
person in Iowa who did not hold a pharmacist's permit or 
was not operating under the Mulct Law. The offense was 
declared to have been committed ^4n any county in the state 
in which the liquors are received for transportation, through 
which they are transported, or in which they are deliver- 
ed".'^ The question now arises as to whether or not the 
validity of this section has not been restored by the Webb- 
Kenyon Act of Congress which has the effect of removing 
from interstate commerce liquor intended for illegal pur- 
poses — a law the constitutionality of which has recently 
been upheld by the Federal Supreme Court."^^ 

The present status of the above section, however, would 
seem to be somewhat complicated by the provisions of a law 
enacted in 1915. This law prohibits the shipment of liquor 
into or within the State except for lawful purposes or pri- 
vate consumption", goes into detail in prescribing the 
method of making deliveries of liquor, and of keeping 
records of shipments and is to ^'be construed in harmony 
with all federal statutes relating to interstate commerce in 
intoxicating liquors. "^^ It would seem that this law, if al- 
lowed to stand, would work a repeal of Section 2419 of the 
Code by implication, since the privilege of receiving deliver- 
ies of liquor for private consumption" is obviously in- 
consistent with the prohibition against the shipment and 
delivery of intoxicants to anyone but permit-holders. 

73 Code of 1897, Sec. 2419, p. 847. 

74 According to newspaper statements at the time of the writing of this paper 
it was the opinion of the Attorney General that the court decision just referred 
to makes it possible to revive the above section of the Code and enforce it. 

75 Supplemental Supplement to the Code of Iowa, 1915, Sees. 2421-a-2421-e, 
pp. 198, 199. Just as this article went to press there appeared in the news- 
papers the news of a decision of Judge Utterback of Des Moines declaring in- 
valid that portion of this law which permits the shipment of liquor for private 
consumption, because of a defect in the title of the law. It remains to be 
seen whether this decision will be affirmed by the Supreme Court. 



>.( IOWA JOIIKNAL OP HISTORY AND POLITICS 



'riie requirement still holds good that all packages in 
which liquor is shipped ''shall be plainly and correctly 
hibeloci or marked, showing the quantity and kind of 
li(|nors contained therein, as well as the name of the party 
to whom they are to be delivered. ' Furthermore, the 
carrying of liquor in any manner ''upon any railroad, 
street or interurban car'' is declared to be a misdemeanor.'^^ 

The collection or attempted collection of payment for 
liquors illegally sold is prohibited and severly penalized.'^^ 
County attorneys are authorized and required to secure 
certified lists of the holders of Federal liquor licenses with- 
in their respective counties, and the holding of such a license 
except by registered pharmacists is held to be prima facie 
evidence that the holder is selling liquor in violation of 
law.'^ The duties of peace officers in the enforcement of 
the liquor laws are made very definite; while a failure to 
perform these duties may work a forfeiture of their posi- 
tions.^^ 

The provisions of the Mulct Law and subsequent amend- 
ments which related to the payment, collection, and ap- 
portionment of the mulct tax (Sections 2432-2447 of the 
Code of 1897 and Code Supplement of 1913) were not re- 
pealed by the Thirty-sixth General Assembly in 1915. 
These sections with some amendments, therefore, still re- 
main in the law, but they would seem to be practically dead 
timber so far as liquor legislation is concerned, since there 
is now no mulct tax to be paid, collected and apportioned.^^ 

76 Code of 1897, Sec. 2421, p. 848. 

77 Supplemental Supplement to the Code of Iowa, 1915, Sec. 2461-gl, p. 203. 

78 Code of 1897, Sec. 2423, pp. 850, 851 ; Supplemental Supplement to the 
Code of Iowa, 1915, Sees. 2423-a, 2423-b, p. 199. 

79 Code Supplement of 1913, Sees. 2427-a-2427-c, p. 904. See also Code of 
1897, Sec. 2427, p. 854. 

80 Code Supplement of 1913, See. 2428, pp. 904, 905. 

81 The original bill included these sections in the repeal, but they were later 



RECENT LIQUOR LEGISLATION IN IOWA 



65 



A bootlegger is defined as any person ^*wlio shall, by 
himself, or his employe, servant or agent, for himself or 
any person, company or corporation, keep or carry around 
on his person, or in a vehicle, or leave in a place for another 
to secure, any intoxicating liquor as herein defined, with 
intent to sell or dispose of the same by gift or otherwise, or 
who shall within this state, in any manner, directly or in- 
directly, solicit, take, or accept any order for the sale, 
shipment, or delivery of intoxicating liquor, in violation 
of law''. Bootlegging is made a misdemeanor and may be 
restrained by injunction.^ ^ The drinking of liquor on pas- 
senger trains or street cars is prohibited; and conductors 
are given power to refuse entrance to intoxicated persons 
and to eject persons using or under the influence of liquor.^^ 
Finally, '^persistent violators'' of the law are defined and 
made punishable by heavy penalties.^* 

THE MOVEMENT FOE CONSTITUTIONAL PEOHIBITION 

Ever since the prohibitory amendment of 1882 to the 
Constitution of Iowa was declared invalid by the Supreme 
Court there has been a persistent effort to secure the sub- 
mission of another amendment of the same character. Lack 
of success has not seemed to cause serious discouragement 

omitted upon motion of tlie author of tlie bill, Senator Clarkson. — Senate Bills, 
1915, File No. 7; Senate Journal, 1915, pp. 335-338. 

The journal does not reveal the reasons for this change in the bill by which 
Sections 2432-2447 were omitted from the list of repealed sections. It has 
been noted, however, that Section 5007 of the Code of 1897, which imposes a 
tax on the sale of cigarettes, provides that this tax ' ' shall be assessed, collect- 
ed and distributed in the same manner as the mulct liquor tax". With the 
above sections omitted from the liquor law it would therefore have been neces- 
sary to incorporate the provisions of the omitted sections in the cigarette law 
if the methods of assessing, collecting, and distributing the cigarette tax were 
still to remain on the statute books. 

82 Supplemental Supplement to the Code of Iowa, 1916, See. 2461-a, p. 203. 

83 Code Supplement of 1913, Sees. 2461-f, 2461-g, p. 925. 

84 Supplemental Supplement to the Code of Iowa, 1915, See. 2461-m, p. 205. 

VOL. XV — 5 



iM\ IOWA .lOUHNAL OF HISTORY AND POLITICS 

to tlu)S(^ interested in the movement. Recent years have 
witn(\><siHl no diminution in the agitation. 

A joint rosohition proposing a prohibitory amendment to 
State Constitution passed the House of the Thirty-third 
(uMUM-al Assembly in 1909, but did not come to a vote in the 
StMiate.^^'"^ Two years later similar joint resolutions in both 
lionses were reported unfavorably by committees and in- 
definitely postponed.^^ A fate equally disheartening met 
the efforts to secure an amendment at the legislative ses- 
sion of 1913.^^ The same circumstances, however, which re- 
sulted in the prohibitory legislation enacted by the Thirty- 
sixth General Assembly in 1915 also explain the complete 
change of attitude toward constitutional prohibition. Early 
in the session and without any serious opposition a Senate 
joint resolution passed the Senate by a vote of thirty-nine 
to ten and was overwhelmingly adopted by the House, where 
the vote stood ninety-one to fourteen. ^^The manufacture, 
sale, or keeping for sale, as a beverage, of intoxicating 
liquors, including ale, wine and beer, shall be forever pro- 
hibited within this state", declares the amendment thus 
proposed — an amendment which now awaits further action 
by the Thirty-seventh General Assembly.^^ 

Accompanying this long-continued movement in favor of 
a prohibitory amendment to the State Constitution, there 
has been in Iowa, as elsewhere throughout the country, some 
agitation in support of a similar amendment to the Federal 
Constitution.^^ Just what effect the final validating of the 

8'o House Journal, 1909, pp. 764, 765; Senate Journal, 1909, index, p. 1860. 

Bouse Journal, 1911, p. 1174; Senate Journal, 1911, pp. 727, 827. 
87 Kouse Journal, 1913, p. 1644. ' 

Bouse Journal, 1915, pp. 589-591; Senate Journal, 1915, p. 327; Appropri- 
ation Acts and Joint Resolutions of the Thirty-sixth General Assembly, 1915, 
p. 38. 

89 For instance see tlie State platform of the Progressive party in Iowa in 
1914.— Iowa Official Begister, 1915-1916, p. 384. 



EECENT LIQUOR LEGISLATION IN IOWA 67 



Webb-Kenyon Act will have on this agitation by removing 
some of its arguments remains to be seen. 

LEGISLATION BY CONGEESS 

This survey of recent liquor legislation in Iowa would be 
incomplete without a brief discussion of the important law 
of Congress known as the Webb-Kenyon Act, to which ref- 
erence has already been made. The vital effect of this law 
on the liquor traffic in dry territory gives it great signif- 
icance. It is also of interest that the two laws of Congress 
which have had to do with the interstate shipment of intoxi- 
cating liquors were fathered by Iowa men. Senator James 
F. Wilson of Iowa was the author of the famous Wilson Act 
of 1890, which declared that liquor shipped into any State 
or Territory ' ^ shall upon arrival in such State or Territory 
be subject to the operation and effect of the laws of such 
State or Territory enacted in the exercise of its police pow- 
ers, to the same extent and in the same manner as though 
such liquids or liquors had been produced in such State or 
Territory, and shall not be exempted therefrom by reason 
of being introduced therein in original package or other- 
wise."^^ 

This law was enacted by Congress largely in response to 
the petitions which poured in from dry States, including 
Iowa, as a result of the decision of the United States Su- 
preme Court in the famous Iowa original package case of 
Leisy vs. Hardin — which decision opened the door of dry 
territory to the agents and branches of original package 
houses.^ ^ The Wilson Act, however, only gave the States 
the right to deal with liquor after its arrival at its final 

90 United States Statutes at Large, Vol. XXVI, p. 313. For a further dis- 
cussion of this law and its effects in Iowa, see The Iowa Journal of History 
AND Politics, Vol. VI, pp. 580, 581. 

91 For a discussion of this decision and its effects in Iowa, see The Iowa 
Journal of History and Politics, Vol. VI, pp. 579, 580. 



()S IOWA JOUHNAL OP HISTORY AND POLITICS 



(lost illation and delivery to the consignee. It did not pre- 
vent the sliii)ment of liquor into any State, dry or otherwise. 

During the succeeding two decades, in spite of the relief 
provided by the Wilson Act, the situation grew increasingly 
unsatisfactory in dry States which found great difficulty in 
enforcing prohibitory legislation on account of the intro- 
duction of liquor from wet territory. It was to remedy this 
condition that a bill, which was the joint work of Congress- 
man Webb of North Carolina and Senator William S. 
Kenyon of Iowa, was finally enacted by Congress in 1913. 
The purpose of the bill was succinctly stated by Senator 
Kenyon during the course of the debate in the Senate. 
*'The partnership of the Federal Government with the 
bootlegger ought to be permanently dissolved. The assist- 
ance of the Grovernment in maintaining * holes in the walls' 
and 'speak easies' ought to cease. That is the purpose of 
this bill. ''92 

The Webb-Kenyon bill prohibits the ' ' shipment or trans- 
portation" into any State or Territory of intoxicating 
liquor ''which is intended by any person interested therein 
to be received, possessed, sold, or in any manner used, either 
in the original package or otherwise, in violation of any 
law of such State, territory or district ".^^ The constitu- 
tionality of the law was upheld by the Supreme Courts in 
various Commonwealths as cases arose, and within the past 
few weeks its validity has been affirmed by the United 
States Supreme Court.^* It would seem, therefore, that 
hereafter prohibition States will be free from the chief 
obstacle that has hitherto blocked the path of law enforce- 
ment. 

»2 The Review of Eeviews, July, 1913, p. 82, 

83 United States Statutes at Large, Yol. XXXVII, p. 699. See also The Be- 
view of Eeviews, April, 1913, for comment on the law at the time of its enact- 
ment. 

94 See The New Republic for January 13, 1917, and The OutlooTc for January 
17, 1917, for comments on the significance of this decision. 



RECENT LIQUOR LEGISLATION IN IOWA 69 



SUMMAEY 

From the foregoing discussion it is evident that in recent 
years there has been in Iowa a persistent warfare against 
the traffic in intoxicating liquor. Beginning with the Moon 
Law of 1909, at which time at least sixteen hundred saloons 
were in operation under the Mulct Law, the number of such 
establishments was reduced year by year. The area of dry 
territory was gradually extended, and there was a quiet, 
but none the less effective, development of feeling against 
the saloon, until in 1915 it was possible to repeal the Mulct 
Law and restore general prohibition with very little oppo- 
sition in the General Assembly. 

For the third time, therefore, Iowa is under the rule of 
absolute prohibition. Moreover, it is evident that this meth- 
od of dealing with the liquor problem may now be given a 
trial under more favorable conditions than have ever before 
attended its operation. 

Dan Elbekt Clakk 

The State Historical Society of Iowa 
Iowa City Iowa 



\ 



HISTORY OF THE CONGREGATIONAL CHURCH OF 

IOWA CITY 

[The Congregatioual Church of Iowa Citj celebrated the fiftieth anniversary 
of its present organization on September 29, 30, and October 1, 1916. The 
following paper was read at that time. — Editor] 

INTRODUCTION 

Congregationalism originated in England and came by 
way of Holland to New England. Because of persecution^ 
poverty, and missionary zeal the Congregationalists be- 
came dissatisfied with their Old World environment. Seek- 
ing for some new abiding-place they came at last to America 

— to the land the name of which Emerson termed but an- 
other word for opportunity. 

The ancestry of the Pilgrims of Iowa'' runs back 
through several generations to these sturdy New England 
fathers". It would be interesting to dwell upon the ex- 
periences of these pioneers on the Atlantic Coast, but that 
story has many times been told. In the course of time Con- 
gregationalists pushed out from Plymouth Colony, scatter- 
ing throughout Massachusetts and the whole of New 
England, until in 1700 it is estimated that there were 
eighty-four Congregational Churches in Massachusetts, 
thirty-nine in Connecticut, four in New Hampshire, and 
three in Rhode Island — one hundred and thirty in all.^ 

Then as time went by a great stream of humanity began 
to pour itself into the empty regions beyond the Hudson. 
Manasseh Cutler moved out toward the West with the faith 
of a pioneer, and on the banks of the Ohio founded Marietta 

— town, college, and church. The Western Reserve was a 
magnet which drew thousands of Congregationalists from 

iPrudden's Congregationalists, pp. 26, 27. 
70 



CONGREGATIONAL CHURCH OF IOWA CITY 71 



their homes in Massachusetts and Connecticut. Later they 
found their way into Indiana, where Wabash College was 
founded.^ In 1829 there came to Illinois the eleven mem- 
bers of ^^The Yale Band'', from Yale Divinity School, to be- 
come circuit riders in that western land and to found 
churches and colleges.^ In 1836 the western exodus reached 
and crossed the Mississippi Eiver at Dubuque; and thus 
the planting of Congregationalism in Iowa is one phase of 
the great westward movement. 

Concerning the Congregational Church in America it has 
been said: 

"We had the best start of any denomination in this country. A 
hundred and fifty years ago there was scarcely any other form of 
church life in New England but the Congregational. We ought 
to-day to be the largest denomination in America. Instead of that 
we are numerically, though not in weight and quality, one of the 
smaller denominations. . . . There has been with us a great 
excess of undenominationalism. We have not cared enough for our 
own. We played the 'game of give away' from the Hudson to the 
Mississippi. In the half century when the Middle West was filling 
up most rapidly, we sent our ministers from Congregational New 
England by the hundreds; we sent our members by the tens of 
thousands; we sent our money almost by the millions, to build up 
the kingdom of God to be sure, but to build up the kingdom of God 
under some other name than Congregational.^ 

It was thought for a long time that Congregationalism 
could not flourish outside of New England. As a matter of 

2 Douglass's Tlie Pilgrims of Iowa, p. 2. 

3 Douglass 's The Pilgrims of Iowa, p. 3. 

4 Douglass 's Tlie Pilgrims of Iowa, pp. 3, 4. 

Easterners held the delusion that Congregationalism belonged exclusively to 
New England and would not flourish elsewhere and that the Presbyterian 
Church was not congenial to New England, but was especially adapted to new 
communities. Therefore, Congregational pastors advised their people moving 
west to become Presbyterians; students in theological seminaries were taught 
that "Congregationalism is a river rising in New England and emptying itself 
South and West into Presbyterianism. " — Clark's Leavening the Notion, p. 40. 



72 KnVA JOUKNAL OF HISTORY AND POLITICS 



I'ai'l Iowa was tlie first State to feel the full impetus of the 
westward inovomont \vitliin the church — a movement which 
has been called ''The Congregational Renaissance 

CONGREGATIONALISM IN IOWA 

The first Congregational ministers who came into eastern 
Iowa ^vere Eev. William Kirby and Rev. Asa Turner, while 
the first resident Congregational minister in the State was 
Rev. W. A. Apthorp, who came in 1836. He preached at 
Fort Madison and Denmark, and at the latter place the first 
Congregational Church in Iowa was formed on May 5, 1838. 
It was organized with thirty-two members representing 
every New England State but one. Rev. Asa Turner 
(Father Turner, as he has been affectionately called) be- 
came the first minister. Denmark is sometimes spoken of 
as ''The Cradle of Congregationalism'' in lowa.^ 

On November 6, 1840, the General Congregational Asso- 
ciation of Iowa was organized at Denmark and consisted of 
three churches, three ministers, and one licentiate.^ A reg- 
ular meeting of the General Association was held in Iowa 
City on September 14 and 15, 1843, at which time steps were 
taken to divide the field into two minor associations, the 
Iowa River being the dividing line.'^ 

THE IOWA BAND 

The famous *'Iowa Band'' arrived in Iowa in the mem- 
orable year 1843. It was made up of eleven men represent- 

sMagoun's Asa Turner and His Times, pp. 193, 194; Douglass's The Pil- 
grims of Iowa, pp. 30, 31, 33. 

It is said that Asa Turner, the founder and first pastor of the Denmark 
church, rode for as long as a half-day to secure suflScient money to take his 
letters from the post-office. It must be remembered that the postage was 
twenty-five cents. 

6 Douglass 's The Pilgrims of Iowa, p. 41. 

T Minutes of the Congregational Conference of Iowa, 1916, p. 14; Douglass's 
The Pilgrims of Iowa, p. 58. 

This was the only meeting of the General Conference ever held in Iowa City. 



CONGREGATIONAL CHURCH OF IOWA CITY 73 



ing six States and eight colleges, all graduates of Andover 
Theological Seminary.^ Their journey across the continent 
consisted of three distinct phases — the railroad, the lakes, 
and the prairies.^ The journey was made as far as Buffalo 
by railroad, then by the Great Lakes to Chicago, from 
whence they came by stage-coach over the prairies of Illi- 
nois to the Mississippi Kiver. Their western terminus was 
Denmark, in Lee County, Iowa, where on Sunday, November 
5, 1843, seven of these young preachers were ordained.^*^ 
They were all quite willing to allow Father Turner to select 
their fields for them, but he refused to accept the responsi- 
bility. Instead he met the young men, placed before them a 
map, explained in detail the needs of the whole region, and 
then withdrew, allowing them to make their own choice. 
The result was that they were scattered over a wide terri- 
tory, each one giving the best years of his life to the 
building of a church ; and thus the foundation of Congrega- 
tionalism in Iowa was splendidly laid.^^ 

Congregationalism has always placed great emphasis on 
education and intellectual culture because of the Puritan 
conception of the human soul. Accordingly plans for an 
educational institution to be known as Iowa College were 
launched at Denmark shortly after the arrival of the ^ * Iowa 
Band*'. It has therefore been said of this college that it 

strikes its roots back into the faith and self-denial of the 
early churches, taught by the ministers to water it with 
their prayers and their gifts ; of its early teachers and pro- 
fessors, too, who consented to nurture it as a part of mis- 
sion-work, and one involving in those days no less of 
self-denial and toil than any other. ''^^ November, 1848, 

8 Douglass's The Pilgrims of Iowa, p. 62. 
Adams's The Iowa Band, p. 28. 

10 Douglass 's The Pilgrims of Iowa, p. 57. 

11 Douglass 's The Pilgrims of Iowa, p. 59. 

12 Adams 's The Iowa Band, p. 103. 



71 IOWA JOinmAL OF HISTORY AND POLITICS 



the school was opened at Davenport, where it was located 
until 1859 when it was moved to Grinnell. 

CONGREGATIONAL BEGINNINGS IN IOWA CITY 

It is known that several Congregational families resided 
in Iowa City as early as 1840.^^ Iowa City like Washington, 
D. C, was not a city that sprang up by chance or because of 
certain natural advantages, but because it was deliberately 
planned for a specific purpose — to be the capital of the 
Territory of lowa.^^ The location of the capital was deter- 
mined on May 1, 1839, and the site was marked by a post or 
slab driven into the ground about where the Old Stone Cap- 
itol Building now stands. 

In June, 1839, there were at least three dwelling-houses 
on the site of w^hat is now Iowa City and by January 1, 1840, 
the number of inhabitants had increased to one hundred. 
The city had a phenomenal growth and its fame became 
known far to the East. Fourteen months after it was 
founded, it contained seven hundred inhabitants, ^^a spa- 
cious city hotel, three or four brick buildings and several 
others in progress, ten dry-goods, grocery and provision 
stores, one drug store, one saddlery, two blacksmiths, one 
gunsmith, three or four coffee houses, four lawyers, three 
physicians, one church, and one primary school — in short, 
presenting all the appearance, bustle and activity of a city 
of years, rather than a prodigy of months." A man who 
was living in a frame house, the roof of which had just been 
completed, said that ''five days ago my house was in the 
w^oods, growing. ' ' It was in this frontier environment that 
Congregationalism first found itself on reaching Iowa 
City.i^ 

13 Manual of the Congregational Church, Iowa City, Iowa, p. 9. 

14 Shambaugh 's Iowa City, p. 17. 

15 Newhall's Sketches of Iowa, pp. 125, 128, 129. 



CONGREGATIONAL CHURCH OF IOWA CITY 75 

By the year 1850 seven different religious organizations 
had sprung up in Iowa City, with an equal number of church 
buildings.^ Iowa has always been liberal in its attitude 
toward religion ; and this liberality is nowhere better shown 
than in the provisions for donations of land to the early 
religious organizations made by Chauncey Swan when the 
town was first surveyed. Four half blocks were reserved 
for church purposes l^n the original plat — a provision 
which was confirmed by the Legislative Assembly in July, 
1840. Any religious sect was entitled to one-half of any 
block above mentioned on the condition that a church build- 
ing be completed on said lot on or before July 1, 1843. The 
Methodist Protestant, the Methodist Episcopal, the Cath- 
olic, and the Universalist churches took advantage of this 
generous offer. These churches were all established in the 
early forties.^"^ 

It was in the great stream of westward migration during 
the forties that the first Congregationalists reached Iowa 
City, but there was no agitation for an organization and 
church building until 1856.^^ It is interesting to note how 
church life was reflected in these early migrations. This 
was the period when every church felt divinely appointed 
to spread its own particular faith in every village, and when 
people were insistent that they should establish in this new 
country the churches of their ^ ^ fathers ' \ 

In 1846 the Welsh Congregational Church was organized 
at Old Man's Creek, about five miles southwest of Iowa 

16 Shambaugh's Iowa City, p. 89. 

17 Shambaugh's Iowa City, p. 30. 

Iowa City in its beginning was homogeneous in polities, but not so in re- 
ligion. Politically it was a Whig town, almost every one voting for William 
Henry Harrison in 1840. But in religion there was a great diversity, for some 
seven or eight churches were represented here, almost from the beginning. — 
Shambaugh's Iowa City, p. 51. 

18 Manual of the Congregational Church, Iowa City, Iowa, p. 9. 



7t; IOWA JOURNAL OF HISTORY AND POLITICS 



City, wliicli fact would seem to indicate that there was a con- 
siderable number of Congregationalists in this region dur- 
ing the forties.^^ It must be remembered, however, that 
there was emigration as well as immigration. *^The great 
procession to the gold fields of the Pacific Coast marched 
on through Iowa, and here and there Iowa people fell in 
with the moving ranks.'' Churches were greatly weakened 
by this movement. One church reported the loss of one- 
fifth of its members because of their eagerness to get to the 
gold fields. Because of the constant changing of the popu- 
lation it was very difficult to secure the stability and contin- 
uity so essential for the building of a church.^^ 

Early in the year 1856 and continuing through the sum- 
mer a great stream of humanity poured into the trans- 
Mississippi region. Iowa is so situated geographically that 
almost every westward movement has passed, partially at 
least, within the bounds of its territory and hence a cross 
section of the early social life of Iowa gives a correct view 
of the elements which made up this westward movement. 
On January 1, 1856, the Rock Island Railroad was com- 
pleted as far as the Iowa River and thus Iowa City, as the 
terminal of the railroad, received many additions to its 
population, and the city grew very rapidly.^ ^ Many new 
firms opened business houses and the town experienced what 
might be called a ^'boom''. 

THE ANTE-BELLUM CHUECH 

Quite a number of these newcomers were of the Congre- 
gational order and did not feel at home in any other com- 

19 Douglass 's The Pilgrims of Iowa, p. SO. 

"Congregationalism did not find congenial soil and atmosphere in Early 
Iowa. If it won its way it was by its inherent worth, and the character of its 
advocates." — Douglass's The Pilgrims of Iowa, p. 36. 

20 Douglass's The Pilgrims of Iowa, p. 109. 

21 Shambaugh 's Iowa City, p. 106. 



i 

( 

CONGREGATIONAL CHURCH OF IOWA CITY 77 

munion;22 and although coming from somewhat widely 
separated regions in the East, were, nevertheless, soon at- 
tracted to each other in their western home. It is interest- 
ing to note that the First Congregational Church of Iowa 
City had its origin in the prayer meetings, the first of which 
was held at the home of Mr. and Mrs. Joseph W. Stow. 
These meetings were held on Sunday evenings and proved 
to be exceedingly profitable and interesting, so much so, that 
it was decided to organize a Society patterned after the 
New England parish.^^ 

Mr. Nathan H. Brainerd, one of the leaders in this move- 
ment, came to Iowa City in May, 1856, and soon became 
acquainted with most of the Congregational people of the 
town, among whom the formation of a church was then being 
much discussed. Mr. Stow, at whose home the first prayer 
meeting was held, was a man of more than average means 
and of great energy. He possessed rare social qualities and 
was a natural leader. A great deal of credit must be given 
these two men for the organization of the First Congrega- 
tional Church of Iowa City on June 29, 1856.24 

Twenty Congregational churches were organized in Iowa 
during the same year in which this church was organized. 
The conditions were favorable and this year was notable 
for the spread of Congregationalism in the State. Iowa 
City was late in finding a place in the ranks of Congrega- 
tionalism, for the reason that three Presbyterian churches 
— the Old School, the New School, and the United Presby- 
terian — occupied the ground sufficiently .^^ 

The next step after the organization was the securing of 

22 Mrs. K. B. Rogers's The Pioneers of Congregationalism in Iowa City, p. 1. 
This is a paper read by Kate Brainerd Rogers at the celebration of the fortieth 
anniversary of the Congregational Church, held November 26, 1906. 

23 Mrs. Roger's The Pioneers of Congregationalism in loiva City, p. 1. 

24 Brainerd 's Congregationalism in Iowa City, p. 4. 

25 Douglass 's The Pilgrims of Iowa, pp. 122, 125. 



7S IOWA JOURNAL OF HISTORY AND POLITICS 



a pnsior and tlio ])orson first considered by the members was 
l\ov. 1^]. IL Neviii of Massachusetts, whom they heard during 
tlio suniiner. The church gave him a ''call", but after care- 
ful consideration he decided not to accept it. 

The cliurch then turned its attention again to Massachu- 
setts, which was ''the happy hunting ground" for the 
pioneer church of the West in search of ministerial game. 
The Rev. Thomas Morong was invited to visit Iowa City 
and to appear in the pulpit as a candidate. He accepted this 
invitation and after listening to him through the month of 
August, the members extended to him a unanimous invita- 
tion to come and settle among them. This "call" was 
finally accepted and he became the first pastor of the church 
on the first day of the following October. "On the 26 of 
Nov. a council was called to perform the double purpose of 
organizing the church and of installing the pastor." Let- 
ters of invitation were sent to the sister Congregational 
churches in Dubuque, Muscatine, Davenport, Burlington, 
Tipton, Durant, Wilton, and DeWitt and to Rev. Grinnell, 
Rev. Reed, and Rev. Blanchard.^^ 

Seventeen persons presented letters of dismission from 
various eastern churches. These letters were acted upon by 
the council "and the holders thereof became the charter 
members of the First Congregational Church of Iowa City". 
Their names are as follows : Mrs. J. Warren Clark, Mr. and 
Mrs. Joseph W. Stow, Mr. and Mrs. N. H. Brainerd, Mr. 
and Mrs. Benjamin Alden, Mr. and Mrs. John Teesdale, 
Professor and Mrs. Henry S. Welton, Mr. and Mrs. James 
P. Black, Mrs. Thomas Morong, Mrs. Levi Smith, Miss Jane 
Weighton, and Mr. Daniel H. Wheeler.^'^ 

26 Mrs. Eogers 's The Pioneers of Congregationalism in Iowa City, p. 2 ; Eec- 
ords of the First Congregational Church of Iowa City, p. 9. 

27 Mrs. Eogers 's The Pioneers of Congregationalism in loiva City, p. 2. This 
list was also verified by the names given in the Eecords of the First Congrega- 
tional Church of Iowa City. 



CONGREGATIONAL CHURCH OF IOWA CITY 79 

The pastor was examined in the house of worship of the 
Universalis t church and on the following day the installa- 
tion took place in the Baptist church building. The pastor 
was examined in the presence of ten of his fellow clergymen 
and four lay delegates. He made a statement as to his call 
from the church and his acceptance of the same, after which 
he was questioned as to his ^'Christian experience, call to 
the ministry, theological views, knowledge of history"; and 
it was voted that the examination was satisfactory. 

The installation service was held on November 27, 1856. 
The sermon was preached by the Eev. Jonathan Blanchard, 
president of Knox College at Galesburg, Illinois, while the 
pastors of various other Iowa City churches, as well as a 
number of Congregational ministers from other Iowa 
towns, participated in the ceremony. It was decided that 
publicity of the doings of the council should be given 
through the Congregational Herald and the Independent?^ 

The new church was now organized and ready to begin its 
life in the community. The Baptists extended a hearty wel- 
come to the new congregation to worship in their church 
building and accordingly the Sabbath services were held 
there in the afternoon. Prayer meetings were held on 
Thursday evenings in Professor Welton's room on the sec- 
ond floor of the Mechanics' Academy, which building was 
being temporarily used by the University. ' ' The room was 
lighted with star candles which were fastened in some kind 
of a socket on the side walls and woe to the clothing of the 

person who was unlucky enough to sit under the dripping 
thereof. ''29 

Becords of the First Congregational Church of Iowa City, pp. 9, 10; 
Aurner's Leading Events in Johnson County Iowa History, Vol. I, p. 375. 

Among those who participated in the installation ceremony were Rev. William 
Salter and Rev. A. B. Robbins, both members of the Iowa Band; Rev. George 
r. Magoun, later president of Iowa College ; Rev. John S. Whittlesey of Durant ; 
and Rev. Luther R. White. 

29 Mrs. Rogers 's The Pioneers of Congregationalism in Iowa City, p. 3. 



80 IOWA JOURNAL OP HISTORY AND POLITICS 



About this time a joint stock company erected a building 
known as the Athenaeum, which stood on the Sanxay lot on 
North Clinton Street near where the Pratt home now stands. 
This building was leased for a year by the Congregational- 
ists, and in it a regular morning service and Sunday school 
were held. The congregation grew rapidly in those early 
days, so that by the expiration of the first year the member- 
ship had increased to forty, six of whom came on confession 
of faith.^^ 

It was felt, however, that there was little prospect of per- 
manent success for the future without a house of worship — 
a house that might be labelled Congregational. So the 
church sent Rev. Mr. Morong east to secure aid ; but he re- 
ported that ^Hhe eastern cows were milked dry'', and hence 
he could secure but little financial assistance. He felt that 
he did not want to face his congregation without having 
made a success of his eastern trip and so he resigned. He 
had served the church a little more than two years as its 
first pastor. This resignation was presented on Sunday 
evening, January 16, 1859. A motion was made by Mr. 
Stow to accept the resignation and it was so decided 
unanimously.^^ 

Mr. Morong in his letter of resignation said that he had 
grave doubts as to his ability to do successful work in the 
parish. He was not quite sure whether a man trained in the 
East could fit himself properly into a western environment. 
Furthermore, he declared that '^a very protracted absence 
and much persistent labor will be necessary before I can by 
this means realize funds enough for an edifice. It appears 
to me that such a lengthy absence of your pastor will en- 

30 Mrs. Eogers 's The Pioneers of Congregationalism in Iowa City, pp. 3, 4. 

31 Brainerd's Congregationalism in Iowa City, p. 5; Records of the First Con- 
gregational Church of Iowa City, pp. 15, 16; Healy's Church History in the 
Iowa City Bepublican, August 2, 1876. 



CONGREGATIONAL CHURCH OF IOWA CITY 81 



danger your very existence as a cliurcli. If on the other 
hand the effort should be abandoned, the society must 
equally fail, since it is not strong enough to meet the cur- 
rent expenses without foreign aid. In either case whether 
I go or stay the good of the church seems imperilled. I am 
conscious also of my inability to accomplish just the kind of 
work requisite to push through a young enterprise in the 
West. A man is needed there who combines with his spirit- 
uality and intellectual resources a high degree of adminis- 
trative ability. With an ardent devotion, he must unite 
wisdom and tact in conciliating and stimulating others and 
in managing means and ends. In such qualities I am sen- 
sible of a great deficiency. Still further I am satisfied that 
I have failed to secure that unanimous love and cooperation 
from the Church and Society which is absolutely essential 
in so small a number to ensure stability. The dissatisfac- 
tion of a single member from whatever cause, must interfere 
materially with your prospects. ^'^^ 

THE PANIC OF 1857 

Every student of history knows that a financial panic 
swept over the country in 1857-1858 and that business was 
virtually brought to a stand-still. A church is not so un- 
related to mundane affairs that it does not feel changes in 
the conditions of its environment. Men in those days in 
pioneer regions had but little money, but the fathers'^ of 
the church gave liberally of that which money can not buy — 
their own loyalty and labor. Yet money is a vital factor in 
the maintenance of churches ; and when banks began to fail, 
when money was of the wild-cat variety which was good in 
the morning and worthless in the evening, when business 
was paralyzed and every business man was uncertain con- 

32 Eecords of the First Congregational Church of Iowa City, p. 16. 



VOL. XV — 6 



82 IOWA JOURNAL OP HISTORY AND POLITICS 



('(M-nini;- iho future, the churches, like all other institutions, 
tlu^ (lire effects.^^^ 

(\)ii((Mnporaneous with the financial panic was a move- 
11 KM it of quite a different nature — namely, the revival of 
1858. This was a great moral upheaval which swept over 
tlio country from coast to coast. The First Congregational 
Chureli of Iowa City felt the impulse of this movement, and 
twenty-four members were added to the church roll.^^ 

Nevertheless, the financial panic had wrought its work 
and a number of the members sought other and more lucra- 
tive locations ; and those who did remain could give but lit- 
tle money for the support of the church. It must be 
remembered, also, that the seat of government of Iowa was 
at this time being removed from Iowa City to Des Moines. 
It was argued that the capital ought to occupy a central 
location both with regard to area and population. ^^The 
archives of the State were all transported overland ; for the 
Mississippi and Missouri Railroad Company had not yet 
extended their road beyond Iowa City. The snows of the 
winter of 1857-58 had begun to fall when the public safe, 
the last article to be removed, was loaded on two bobsleds 
and drawn by ten yoke of oxen from the old capital to the 
new."^^ With this exodus went the Teesdale family. Mr. 
John Teesdale was the editor and proprietor of the Iowa 
City Republican, and after leaving Iowa City he established 
in Des Moines the newspaper now known as The Register 
and Leader. The going of Mr. Teesdale meant a severe loss 
to the church.^ ^ 

So great was the financial depression during this period 

ssBrainerd's Congregationalism in Iowa City, p. 5; Mrs. Rogers's The Pio- 
neers of Congregationalism in Iowa City, p. 3. 

34 Mrs. Eogers 's The Pioneers of Congregationalism in Iowa City, p. 4. 

35 Shambaugh's Iowa City, p. 116. 

30 Mrs. Eogers 's The Pioneers of Congregationalism in Iowa City, p. 4. 



CONGREGATIONAL CHURCH OF IOWA CITY 83 



that the work of the State University was suspended for 
one year because of lack of funds.^'^ 

In the midst of all these discouragements it was necessary 
to secure the second pastor for the church. It was felt that 
the church could not long flourish without a minister 
and so a meeting was held in Music Hall on August 23, 1859, 
for the purpose of discussing the question of securing a 
pastor. Rev. N. J. Morrison of Rochester, Michigan, had 
received an invitation from the trustees of the society to 
visit the church and society as a candidate for the pulpit, 
and he had occupied the pulpit on the two Sabbaths imme- 
diately preceding the meeting just mentioned. Mr. Brain- 
erd, as chairman, proceeded by direct question to ascertain 
the wish of each member present ill regard to inviting Mr. 
Morrison to become the second pastor of the church. The 
general impression was favorable and so a call was ex- 
tended. The stipend for his support was to be six hundred 
dollars. In issuing the ^^calP' it was written that the 
church and society **are unanimous in their feeling that you 
are the man whom God hath sent to break to us the bread 
of life.'' 

Mr. Morrison in replying said that he believed that such a 
relation would be impolitic and mutually disadvantageous, 
and therefore he declined the invitation.^* 

In December, the Rev. John C. Hutchinson accepted a call 
to become pastor of the church, and he was installed on 
December 20, 1859. He, too, became discouraged, however, 
and resigned on June 16, 1860. In part his letter of resig- 
nation read as follows : 

After much prayer for Divine Guidance and much deliberation 
and free consultation with ministers and other persons in the church 
and out of it — Against the fondest hopes which I once cherished 

37 Aumer's History of Education in Iowa, Vol. IV, p. 22. 

38 Becords of the First Congregational Church of Iowa City, pp. 22, 23. 



84 IOWA JOURNAL OF HISTORY AND POLITICS 



and the tendcrest sympathies which I now cherish, I am constrained 
by a sense of duty which I owe my God, my own conscience and a 
lost world to resign my office as your pastor.^^ 

After a full and free discussion, the resignation was 
unanimously accepted by vote of the church. In August, 
the Rev. Mr. Allen of Keokuk supplied the pulpit for two 
weeks. He had been the pastor of a Baptist Church in 
Keokuk, but had committed what in those days was consid- 
ered the unpardonable sin of partaking of communion in a 
Presbyterian Church, and for this reason was excommuni- 
cated by his Baptist brethren. At a meeting held in the 
Evangelical Lutheran church building on September, 1860, 
it was resolved ^'that we extend to the Rev. W. W. Allen an 
invitation to be our minister for one year provided we can 
raise a sum sufficient for his support. ' ' It was decided at a 
later meeting of the society that the salary should be six 
hundred dollars. Mr. Brainerd says of Rev. Allen that he 
was *^an excellent man and did us good service for nearly 
three years. ' ' With the coming of Mr. and Mrs. Allen the 
church seemingly took a new lease on life.*^ 

This First Church'^, therefore, enjoyed the ministry of 
three pastors and at its beginning had seventeen charter 
members, forty more were added the first year, and during 
its eight years of subsequent existence, fourteen others were 
added — making an aggregate of seventy-one members. 

THE CHURCH DURINa THE CIVIL WAR 

But another great calamity which was to break the con- 
tinuity of the church's history lay ahead — namely, the 

39 Mrs. Rogers's The Pioneers of Congregationalism in Iowa City, p. 5. 

40 Mrs. Rogers 's The Pioneers of Congregationalism in Iowa City, pp. 5, 6 ; 
Brainerd 's Congregationalism in Iowa City, p. 5; Healy^s Church History in the 
Iowa City Eepullican, August 2, 1876; Becords of the First Congregational 
Church of Iowa City, pp. 32, 33. 

The history of Dr. Healj consists of excerpts from his sermon preached on 
the occasion of the decennial anniversary. 



CONGREGATIONAL CHURCH OF IOWA CITY 85 



great Civil War. It goes without saying that Congrega- 
tionalism in Iowa was profoundly affected by the drain of 
young men called to the service of the Union. Congrega- 
tions were depleted, churches suspended or entirely broken 
up, and women were compelled to work in the fields because 
the vigorous men had enlisted in the army.^^ 

The military spirit was strong in Johnson County, as is 
shown in the organization of the Washington Guards'' in 
1858. They began to drill in May of that year and continued 
until the outbreak of the war. **The Iowa City Artillery 
Company'' and ^^The Iowa City Dragoons" were also 
organized in the same year — in all, three military organ- 
izations sprang into being in a single year. The military 
spirit of the time was contagious and from this time on for 
half a decade and more, nothing but rumors of war and news 
of battles filled the minds of men and women who were 
either engaged in bearing arms or in caring for those for 
whom they were responsible. It is said by those who re- 
member, that there was an extreme loyalty for the Union in 
Iowa City and that there was an increasing determination 
that the Union must be saved at all hazards and that no 
sympathizer with the South could long hold his head high 
in society. Company after company marched away to the 
scene of battle until no men seemed to be left, and then came 
the draft which emptied Iowa City and Johnson County of 
all its young, virile manhood. In a situation such as this it 
was difficult for any kind of institution or organization to 
avoid disintegration.^^ 

**The First Congregational Church" was destined to be 
strangled in the throes of the great war : it was too young 
and weak to survive the shock which threatened to sever the 

41 Douglass's The Pilgrims of Iowa, p. 152. 

42Aurner's Leading Events in Johnson County Iowa History, Vol. I, pp. 
505 ff. 



S() UnVA JOUKNAL OF HISTORY AND POLITICS 



Nation in twain. Mr. W. W. Allen, the third and last pastor 
of ''First Clmrch'', accepted a call to the Congrega- 
tional Church in Council Bluffs, where he was pastor for 
two or three years, when on account of failing health he 
roturnod to Rensselaerville, New York. There he died on 
November 27, 1866.*^ 

Mr. Brainerd proposed, in a meeting held on the evening 
of September 14, 1863, after it was learned that Rev. Allen 
would not remain as pastor for another year, that ^*we sus- 
pend indefinitely our meetings for public worship in view 
of the fact that we were few in number, without a pastor, 
and unable to rent a house of worship suitable to our 
wants. While it was decided to discontinue the Sabbath 
service, the prayer meeting was to be held every two weeks 
at the residence of members on Sunday evenings. The reg- 
ular Thursday evening meetings were discontinued until 
February 7, 1864, when it was decided to discontinue all 
stated meetings and leave the call of all future meetings to 
the proper church officials.^* 

Mr. I. N. Jerome, one of the most influential men in the 
church, was moderator at this meeting. He was a man of 
unusual ability, a lawyer with a fine mind and warm heart. 
''In December he died and with him died many of the hopes 
in regard to the success of the church." 

In November, 1865, nine letters were granted to members 
who wished to join other churches in the city or were about 
to move away. After this wholesale exodus the following 
members were left: Mrs. J. Warren Clark, Mr. and Mrs. 
N. H. Brainerd and daughters Louise and Kate, Mr. and 
Mrs. John Borland, Charles Borland and Miss Kate Bor- 

43 Healy's Church History in the Iowa City BepuUican, August 2, 1876; Mrs. 
Eogers's The Pioneers of Congregationalism in Iowa City, p. 6. 

44 Mrs. Eogers's The Pioneers of Congregationalism in Iowa City, p. 7; Bec- 
ords of the First Congregational Church of Iowa City, p. 47. 



CONGREGATIONAL CHURCH OF IOWA CITY 87 



land, Mr. and Mrs. Welton, Mrs. Levi Smith, Dr. and Mrs. 
Star, Mrs. Curtis and daughter Cornelia, Mrs. Tedd and 
daughter Maria, Mrs. Charles Lewis, Mr. Joseph Griffith, 
and Mr. E. P. Loud — twenty-one in all.*^ 

During this discouraging period the various churches 
joined in a sort of itinerary about the city in the holding of 
public worship, which reminds one of the days of the circuit 
rider, except that it was conducted in a more limited and 
less hostile area. The places of worship were in this order : 
the Baptist Church, the Athenaeum, the Universalist 
Church, the Methodist Protestant Church, Music Hall, and 
the English Lutheran Church.^ ^ 

The Universalist church was located near the corner of 
Iowa Avenue and Dubuque Street. It stood a distance back 
from the street with a grass plat in front. Of this building 
it has been said that ^4t was a very comfortable little church 
for a small congregation and had one advantage over any 
other church that I have ever known. Back of the pulpit 
and raised enough to give a good view of it was an oil paint- 
ing of angel or cherub heads. If the sermon was uninter- 
esting the listener always had the attitude of seeming very 
attentive when in reality he was wondering what had be- 
come of the bodies of those cherubs. "^"^ 

45 Mrs. Eogers's Tlie Pioneers of Congregationalism in Iowa City, pp. 7, 8. 
Mr. Charles Borland was a refined and cultured young man whose influence 

for good in the community was unquestionable. He died in the prime of life, 
just a short time before the present church was organized. 

Mrs. Charles Lewis became for a time a member of the Methodist Church, but 
returned to Congregationalism when the present church was organized. Her 
brother, Mr. Joseph Griffith, was an officer in the United States Army, and an 
open letter was granted to him. 

46 Shambaugh 's Iowa City, p. 90 ; Shambaugh 's Notes on tJie Early Church 
History of Iowa City in the Iowa Historical Becord, Vol. XV, 1899, pp. 564 f f . ; 
Mrs. Eogers's The Pioneers of Congregationalism in Iowa City, p. 47. 

47 Shambaugh 's Notes on the Early Church History of loiva City in the Iowa 
Historical Becord, Vol. XV, 1899, p. 568; Mrs. Eogers's The Pioneers of Con- 
gregationalism in Iowa City, pp. 8, 9. 



SS H)\VA JOURNAL OF HISTORY AND POLITICS 



Music Hall stood next to the Universalist church directly 
oil corner of Iowa Avenue and Dubuque Street. Both 
of those buildings were later burned. The Methodist 
Protestant church building was sold to the members of the 
Christian Church and was superseded by a new structure. 
The original Baptist and English Lutheran church build- 
ings have been replaced by more stately edifices.^^ 

''The First Congregational Church was formed mainly 
of people recently come to the city'^ says Mr. N. H. Brain- 
erd. ''It was then for a new organization remarkably 
strong in numbers, in working material and in means and 
for two or three years carried on its enterprise without any 
outside assistance. The reverses of 1857 and the dull times 
that followed caught these new arrivals unsettled in busi- 
ness and floated many of them off until the remainder found 
the load too much to carry and suspended operations. ''^^ 

The same writer declares that "The 1st Congregational 
Church of Iowa City, after a varied existence of some eight 
years, died and was buried, the funeral services being held 
at our house. With its bones were buried many hopes, and 
many pleasant anticipations. . . . There were pre- 
served of it but hallowed memories of the past — friend- 
ships that will last through this life and we trust run 
forward into the eternaL"^*^ 

THE POST-BELLUM CHURCH 

All the while there had been an undercurrent working in 
the direction of rejuvenating the Congregational Church of 
Iowa City. A number of persons who were enthusiastic in 
their support of this movement met on July 16, 1866, in the 
New School Presbyterian church. It was very gratifying to 

48 Mrs. Eogers's The Pioneers of Congregationalism in Iowa City, p. 10. 

49 Quoted from the Iowa City Republican in Mrs. Eogers's The Pioneers of 
Congregationalism in Iowa City, p. 11. 

50 Iowa City Eepublican, November 17, 1869. 



CONGREGATIONAL CHURCH OF IOWA CITY 89 



know that there was a nucleus of eighty persons from the 
two churches — ^^The First Congregational'^ and ^'The 
New School Presbyterian" — who desired to merge the two 
into a single organization to be known as ^'The Congrega- 
tional Church of Iowa City ' A committee which consisted 
of Kev. Hebard, Mr. N. H. Brainerd, and Dr. John Doe was 
appointed to draft articles for a Congregational Church 
and society. At a subsequent meeting on July 20th, this 
committee reported a constitution for the society and arti- 
cles of faith, covenant, and rules for the church. 

In the first paragraph of the constitution it was unequivo- 
cally stated that ^^This church is the Congregational 
Church of Iowa City.''^^ 

Calvinistic theology had the right of way in American 
Congregationalism until about the time of the Civil War. 
Slowly, however, both ministers and laymen were abandon- 
ing Calvinistic interpretations, so that when in 1865 the rep- 
resentatives of the churches in session at Plymouth, 
Massachusetts, promulgated, after careful consideration, 
the Burial Hill Declaration of Faith, it was deemed unnec- 
essary to introduce into that declaration a statement rec- 
ommended by the committee, to the effect that ^^our 
churches still adhere to that body of doctrines known as 
Calvinism.'' The first Confession of Faith" for the Iowa 
City church was written the following year and hence is 
strongly tinged with the theology of the day. Calvinism 
has now almost completely disappeared among Congrega- 
tionalists as is shown in the Confession of Faith" adopted 
by this church in 1914.^^ 

While both the church and the society were organized on 

51 Brainerd 's Congregationalism in Iowa City, p. 6; Minutes of Congrega- 
tional Society of Iowa City, pp. 1, 2 ; Healy 's Church History in the Iowa City 
Bepuhlican, August 2, 1876. 

*2 Jefferson's The Puritan Theology, p. 21. 



(){) IOWA JOURNAL OP HISTORY AND POLITICS 



lH), 18()(), they were not recognized until July 31st, 
wliic'li (liite, therefore, is the official birthday of the present 
church. 

As has already been observed, Congregationalism ex- 
presses itself through a church organization and a Soci- 
ety". The latter is made up almost entirely of members of 
the cliurch, but may include and in fact always does include 
a number of persons not members of the church, but who 
support it by their attendance and contributions. Some- 
times the members of the society are called the brothers-in- 
law of the church. '^Its object shall be to promote the 
interests of true religion in connection with the Congrega- 
tional Church of Iowa City. ' ' 

The purpose of the society, furthermore, is to buy, hold, 
and sell the church property and manage its finances. It 
must concur with the church in the '^calling" of a pastor — 
otherwise he would not be properly called" and might not 
receive his salary. Beyond this the persons composing the 
society do not interfere with the affairs of the church.^^ 

In the council of recognition held in the New School Pres- 
byterian church, the Congregational churches of Dubuque, 
Davenport, Durant, Muscatine, and Grinnell were repre- 
sented. The sermon was preached by Dr. George F. 
Magoun, president of Iowa College. Professor Talbot read 
the documents, papers, and proceedings of organization, 
together with the ^'Articles of Faith", the ''Covenant", 

53 Minutes of Congregational Society of Iowa City, p. 3. 

Article 10 of the Constitution of the Congregational Society reads as follows : 
''The Board of Trustees shall have entire control of the financial and busi- 
ness affairs of the Society. They shall have power to lease or purchase real 
estate and hold the same as Trustees of the Society in its corporate capacity to 
sell, convey and control the same. They shall report their doings and the con- 
dition of the property and finances of the Society at each annual meeting". 

The members of this society shall consist of all who append their names to 
this Constitution, together with all others who may hereafter sign the same 
after having been admitted by vote of the Society. — Mrs. A. N. Currier's The 
Church and Its Pastors, pp. 3, 4. 



CONGREGATIONAL CHURCH OF IOWA CITY 91 



and the ^'By-Laws". All these were deemed satisfactory 
by the council. At the close of the session Dr. Magonn 
introduced a resolution recommending the church to ^Hhe 
sympathy of sister churches in the state". Furthermore, 
the Congregational Union was asked to help in securing a 
suitable house of worship by making a "liberal appropri- 
ation".^* 

The church worshipped until October in the New School 
Presbyterian church, then in the Universalist church, and 
after that worship was conducted in the English Lutheran 
church, on the site of the present building. Thus the church 
was again driven from pillar to post in its attempt to find a 
suitable place of worship. One can imagine with what en- 
thusiasm it was announced that the first floor of the present 
building was ready to be occupied. 

THE NEW SCHOOL PEESBYTERIAN CHUECH 

No history of Congregationalism in Iowa City would be 
complete without some mention of the New School Presby- 
terian Church which occupied what was known as "The 
Stone Church", on Burlington Street. In other words, it 
must be remembered that two church societies were fused 
to form the present organization. 

"Presbyterian Church erected A. D. 1845", is the simple 
inscription found on a tablet on the front of the New School 
Presbyterian church building. The correct name of this 
church as it was originally organized was "The First Con- 
stitutional Presbyterian Church of Iowa City". During 
its twenty-five years of existence, it had, with the exception 
of one year, depended upon missionary aid. The church 
was in debt, the church building needed repairs, and it was 
too small and inconveniently located to make the outlook 

fi^Healy's Church History in the loiva City Eepuhlican, August 2, 1876; Mrs. 
Currier's The Church and Its Pastors, p. 6. 



92 H)WA JOUKNAL OP HISTORY AND POLITICS 



hopi^ful for self-support. Besides, there were two other 
Presbyterian organizations in Iowa City at this time — the 
01(1 Scliool and the United Presbyterian. As a matter of 
fact, at this time the New School Presbyterian and the Con- 
gregational churches were practically cooperating in mis- 
sionary and educational work. There was not an adequate 
field for three Presbyterian churches in a city the size of 
Iowa City.^^ 

THE PASTOEATE OF EEV. HEBARD 

The ecclesiastical transition and initial success of the 
present church is largely due to the enthusiasm and per- 
sistency of Rev. George D. Hebard. He was born in Brook- 
field, Vermont, in 1831, and could trace his lineage directly 
to the Pilgrim fathers through a long line of Congregational 
ancestors. He studied at Dartmouth and at Union Theo- 
logical Seminary. His father was a Baptist, his mother a 
Methodist, his wife an Episcopalian, and as for himself he 
declared that he hardly knew whether he was a Presbyterian 
or a Congregationalist. One of the great services of his 
ministry was the uniting of the Congregational and New 
School Presbyterian Churches of Iowa City. He was pastor 
at Claysville, New York, and later at Clinton, Iowa, and 
then the successful pastor of the New School Presbyterian 
Church of Iowa City from 1858 to 1866.^^ He may justly be 
called the father and ^'founder of this Church''. On No- 
vember 1, 1866, he was elected pastor for one year, and con- 
tinued to serve in that capacity until February 7, 1869. 
Ninety members were added during his pastorate of two 

55 Paine 's How New School Presbyterians Became Congregationalists, p. 1. 
This paper was read by Stephen Edson Paine at the fortieth anniversary of 

present Congregational Church on November 25 and 26, 1906. 

56 Douglass's The Pilgrims of Iowa, p. 217; Healy's Church History in the 
Iowa City Republican, August 2, 1876; Aurner's Leading Events of Johnson 
County Iowa History, Vol. I, pp. 376, 377; Mrs. Currier's The Church and Its 
Pastors, p. 7. 



CONGREGATIONAL CHURCH OF IOWA CITY 93 



and one-half years — fifty-seven by letter and thirty-three 
on confession. He was called to the church at Oskaloosa, 
where he died on December 11, 1870, at the age of thirty- 
nine years. It was a sore disappointment to his friends 
that he could not minister in the building for which he had 
labored so earnestly. He left in Iowa City as monuments 
to his name a strong church and a house of worship which is 
still in use. 

Mrs. Hebard was of New England and Huguenot ancestry 
and is especially remembered because of her friendliness 
and happy disposition. Both Mr. and Mrs. Hebard were 
buried in the cemetery at Iowa City.^"^ A beautiful window, 
the middle window on the south side of the church, was 
placed there in 1903 by their children in memory of their 
father and mother. 

The Congregational Quarterly paid Mr. Hebard the fol- 
lowing glowing compliment : 

He was an earnest, laborious, studious man, and an able, ener- 
getic, and successful minister of Christ. He was a somewhat 
vehement preacher, overtaxing often both lungs and nerves ; direct, 
unhesitating, and impulsive in address; active, restless, and un- 
sparing of himself in out-door and pastoral labors, he did not mean 
to rust out, and he did wear out in the service of the Master and 
the church.^^ 

THE EEECTION OF THE PEESENT CHURCH BUH^DING 

The period of national reconstruction was also a period 
of ecclesiastical reconstruction in the newly organized Con- 
gregational Church of Iowa City. The most gigantic prob- 
lem facing the church was the erection of a tabernacle of 
worship. In the minutes of October 3, 1866, is found the 

57 Mrs. Currier 's The Church and Its Pastors, pp. 15, 30. 
68Healy's Church History in the Iowa City EepuMican, August 2, 1876. On 
the window there is the following inscription: 

''George D. A. Hebard 1831-1870 
Margaret Marden Hebard 1830-1902 



r)4 IOWA JOUKNAL OF HISTORY AND POLITICS 



<l(H*larali()Ti that ''our interests as a society demand that we 
make immediate efforts toward building a house of worship 
next season.'' 

Four committees of two members each were appointed to 
])laii for a new church building. These committees were as 
follows: the first committee, to secure a site for the church, 
subject to the approval of the society; the second committee, 
to plan for a church building not to cost more than fifteen 
thousand dollars, ''more or less"; the third committee, to 
ascertain how much money could be raised ; and the fourth 
committee, to find out what money could be secured "from 
abroad and under what conditions. 

The Iowa City Republican of January 2, 1867, said that 
"the Congregational Society has purchased the lot on the 
corner of Clinton and Jefferson streets fronting the Uni- 
versity on which they propose to erect a neat, tasty building 
44 X 75 feet with basement, &c, &c." By vote of the society 
the lot was not to cost more than eighteen hundred dollars, 
but as a matter of fact it cost a little more than two thou- 
sand dollars. The architect, a Mr. Eandall of Chicago, made 
the plan at a cost of four hundred and fifty dollars. The 
Congregational Union loaned two thousand doUars.^^ 

Many anxieties and perplexities arose as to how the erec- 
tion of the church building was to be financed, whether it 
was to be built of brick or wood, whether chestnut or pine 
was to be used for inside finish, and whether it was to be 
painted or grained. 

The laying of a corner-stone is an epoch-making event in 
the life of any institution. It was a beautiful day, the ninth 

59 Minutes of Congregational Society of Iowa City, p. 8. 
CO Mrs. Currier's The Church and Its Pastors, p. 9. 

Great faith was shown in the possibilities of building a new church, for as 
early as November and December, 1866, the members of the church were buying 
their choices of pews — twenty-one choices being sold in all — a year and a 
half before the corner-stone was laid. 



\ 

CONGREGATIONAL CHURCH OF IOWA CITY 95 

of June, 1868, when the corner-stone of the present edifice 
was laid in the presence of a large audience. The program 
was well planned and consisted of music furnished by the 
various church choirs of the city, addresses by Rev. Dr. 
Dixon, pastor of the Baptist Church, Professor Fellows of 
the State University, Eev. Lyman Whiting, pastor of the 
Congregational Church of Dubuque, and Rev. Christopher 
Cushing, Secretary of the Congregational Union. 

The following articles, it was announced, were deposited 
in the corner-stone : a copy of the Bible ; a printed manual 
of the church; a list of the officers and members of the 
church and society; a list of the members of the Ladies 
Benevolent Society ; a list of the subscribers to the building 
fund; the names of the architects and builders; the names 
of the clergymen in Iowa City ; catalogues of the State Uni- 
versity of Iowa, the Deaf and Dumb Institute, and the Com- 
mercial College; lists of the officers and members of the 
State Historical Society, of the Young Men's Christian As- 
sociation, and of the Ladies ' Soldiers ' Aid Society ; a list of 
the officers and teachers in the public schools; a photograph 
of the building taken by Mr. Weatherby ; copies of the Iowa 
City Republican, the Iowa State Press, the Annals of Iowa, 
and the Congregationalist ; the minutes of the last Congre- 
gational Association of Iowa and resolutions of said associ- 
ation against the use of tobacco; and coin and postal 
currency presented by Mr. S. E. Paine. After the placing 
of these articles in the stone and the laying of the stone'' 
itself. Rev. Hebard made a short address and pronounced 
the benediction.^^ 

It was very much regretted that the Rev. Mr. Osmond of 
the Presbyterian Church could not be present since ^'he had 
sympathized so heartily with us from the beginning. ' ' Pro- 
fessor Talbot interpreted the entire proceedings at the lay- 

61 Mrs. Currier 's The Church and Its Pastors, pp. 10, 11, 12, 13. 



9(; IOWA JOURNAL OP HISTORY AND POLITICS 



uvj; of the corner-stone to the pupils of the Deaf and Dumb 
Institute, then located at Iowa City.^^ 

Much interest was manifested not only in Iowa City, but 
in all the surrounding country, in the progress of the work 
on the new church building. The Iowa City Republican of 
November 4, 1868, contained the following statement : 

The Congregational building is under roof and secure. The tower 
is above the peak of the roof, and will soon with good weather, be 
completed ready for the spire, which will be put up as quickly as 
possible, and will be 148 feet high. The front of this building is 
nearly completed, and the rear cornice is being put on. The Cath- 
olic building has the cornice on, ... . the west side well 
under way. A few days of good weather will make it secure. The 
tower is up to the peak of the roof and progressing fin[e]ly. Its 
spire will be 164 feet high. Thus both of these fine buildings are 
assured of inclosure. When these houses were commenced many 
shook their heads and predicted that these houses would never reach 
present advancement, but they have gone right along and their 
progress has shown a pluck on the part of the societies building 
them not often seen. The same pluck will command respect and 
assistance from others, and will carry them through to the com- 
pletion of these ornaments to our beautiful city. Here are good 
examples for other societies to follow. ^ 

The church was dedicated on a bright and beautiful day 
■ — December 19, 1869. The seating capacity was exhausted, 
the aisles were filled, and many people were standing. The 
choir rendered appropriate music ; the invocation was given 
and the Scripture read by Dr. George F. Magoun, president 
of Iowa College ; the sermon was preached by Dr. Gulliver 
of Knox College ; and the dedicatory prayer was offered by 
the newly-arrived pastor, Eev. Eufus Sawyer. It is said 

62 Mrs. Currier's The Church and Its Pastors, p. 13. 

''The Institution for the Deaf and Dumb'^ was established in 1855. Benja- 
min Talbot was appointed principal of this school in 1862. An effort was made 
in 1866 to remove the school to Des Moines. This attempt failed, but the 
institution was later removed to Council Bluffs. — See Shambaugh 's Iowa City, 
p. 89. 



CONGREGATIONAL CHURCH OF IOWA CITY 97 



that Dr. Gulliver's dedicatory address was one of the most 
polished and eloquent sermons ever heard in Iowa City. 

Dr. Magoun preached in the evening of the same day. At 
the time of the dedication there were exactly one hundred 
and twenty members, and with this fact in mind Dr. Magoun 
chose as the text for his evening discourse : ^'The number of 
the names of them were about a hundred and twenty."®^ 
The collections and subscriptions of the day amounted to 
more than three thousand five hundred dollars. 

The building which was thus dedicated was said to be one 
of the finest and best equipped pieces of church architecture 
to be found at that time in the whole State of Iowa, if not in 
the Middle West, and it completely exhausted the financial 
resources of the society. The finished building, with fur- 
naces and furniture complete, cost thirty thousand dollars ; 
and although the people had been extremely liberal in their 
giving, a large indebtedness remained which plagued the 
church for years to come. **The Ladies Benevolent Soci- 
ety" assumed the responsibility of the last thirteen hundred 
dollars and paid it in yearly installments of two hundred 
dollars each, never missing a single payment, and thus in 
1882 the entire indebtedness was wiped out. It is only just 
that full tribute should be paid to the men and women whose 
courage and sacrifices made possible the erection of this 
tabernacle. *^If prayers and sacrifices are the distinguish- 
ing features of an offering to the Lord, then this building is 
such an offering. "^^ 

In October, 1869, the Rev. Eufus Sawyer was called from 
Middleboro, Massachusetts, to become pastor of the Iowa 
City church. His pastorate was not entirely successful and 

63 Mrs. Currier's The Church and Its Pastors, p. 13. 

64 Brainerd 's Congregationalism in Iowa City, p. 9. 

Tor a discussion of the growth of Congregationalism in Iowa during this 
period see Douglass's The Pilgrims of Iowa, Cb- IX. 



VOL. XV — 7 



f)S IOWA JOURNAL OF HISTORY AND POLITICS 



colli iniuHl only until the spring of 1871, when he resigned 
and becanio pastor of the church at Anamosa, Iowa. Mr. 
Sawyer was a deeply consecrated man, but he found it very 
difficult, as an eastern man, to adapt himself to conditions in 
the Middle West. During his short pastorate of eighteen 
niontlis, twenty-one members were added to the church — 
four by confession and seventeen by letter.^^ 

The church was very fortunate while yet in its infancy in 
securing the services of the Rev. W. E. Ijams. Mr. Ijams 
was one of the most popular preachers the church has ever 
had and during his pastorate the church auditorium was 
thronged with eager listeners, and he was especially pleas- 
ing and attractive to the young people. His pastorate was 
remarkably successful — sixty-six members were added, 
thirty-eight by confession and twenty-eight by letter. 

Mr. Ijams was to receive two months vacation each year 
and a salary of not to exceed $2000. His health soon failed, 
however, and in the summer of 1873 he was compelled to ask 
for a prolonged vacation which he spent at the sea-side. He 
came back somewhat recuperated in September, preaching 
each Sunday morning until January, 1874, when he was on 
the brink of a complete nervous breakdown and so was 
forced to resign ^'and seek the more vitalizing and bracing 
climate of the Pacific Coast." He became pastor of one of 
the large Congregational Churches in San Francisco. 

The church was deeply grieved to know that circum- 
stances had arisen which made it imperative for the pas- 
toral relations of Mr. Ijams to be severed. ^^Eesolved, that 
we express to Mr. Ijams also our grateful acknowledgements 
for his wise and excellent service and our regretful acqui- 
escence in his departure", reads the resolution adopted at 
the time of his resignation.*^^ 

65 Healy's Church History in the loim City Eepuhlican, August 2, 1876. 

66 Healy's Church History in the Iowa City Bepublican, August 2, 1876; Mrs. 
Currier's The Church and Its Pastors, p. 18. 



CONGREGATIONAL CHURCH OF IOWA CITY 99 



Eev. Lysander Dickerman supplied the churcli during the 
eight months from February, 1874, to October of the same 
j^ear. He had previously been pastor of the Congregational 
Church in Quincy, Illinois. He has been characterized as 
not so great a preacher as his predecessor, but as a man of 
much organizing ability. He was also especially efficient in 
the management of financial matters. It was at his sugges- 
tion that pew rents were given up and superseded by the 
envelope system of making contributions. The seats were 
made alike free to all members of the church, to all citizens, 
to all students, and to all strangers. Instead of the rev- 
enue heretofore derived from pew rents," it was resolved 
that reliance for the means to meet the expenses of the 
society shall hereafter be upon the regular voluntary con- 
tributions of the members of the congregation, and upon 
the irregular voluntary offerings of occasional attendants. 
An offering was to be taken each Sabbath morning and 
evening. 

Mr. N. H. Brainerd made a motion at a meeting of the 
society that Rev. Dickerman should receive a salary of 
eighteen hundred dollars. There was one addition to the 
church membership during his pastorate.^*^ 

Dr. J. W. Healy of the Tabernacle Church in Chicago was 
asked to become pastor of the Iowa City church on July 6, 

67 Minutes of Congregational Society of Iowa City, p. 41. 

It was decided on May 18, 1874, to change from pew rent to regular volun- 
tary contributions, the following report being adopted: 

"Persons who have rented pews until the first of September may, if they 
choose, regard themselves as released from obligation to pay rent for the same, 
after the first day of June. 

' ' No one 's position in the church shall be dependent on the amount of money 
he or she may give. Let each one be able to say : I have done what I could. 

"Brethren and friends, this plan is not a new one, and is not offered as an 
experiment. In its main features it has been fully tested by some of the most 
active and useful churches in the country, east and west, and always with the 
most satisfactory results. 

' ' Although it may seem to relate mainly to the material and pecuniary inter- 



100 IOWA JOURNAL OP HISTORY AND POLITICS 



1875, and lie began Lis labors on August Idth of the same 
year. J I is salary was $2000. During this pastorate fifty- 
s(^von members were added to the communion, twenty-two 
by confession and thirty-five by letter. His pastorate con- 
liinied for one year and then Dr. Healy went to the Congre- 
gational Church at Ottumwa. 

Various persons filled the pulpit until December, 1876. 
On the evening of December 7, 1876, Mrs. M. T. Close moved 
''that Prof. L. F. Parker, C. M. Calkins and W. S. Welton 
be appointed a committee to confer with Reverend G. H. 
Thacher and ascertain to what extent and upon what terms 
this society can secure his services to fill the pulpit of this 
Church and for what length of time''. Dr. Thacher had 
been in very ill health — so that he had resigned the presi- 
dency of the State University of Iowa. He was pastor of 
the church from December, 1876, to April, 1878. Mrs. 
Thacher is remembered as a woman ^^with a saintly soul 
shining out of her delicate face".^^ 

Among the candidates appears the name of Eev. F. L. 
Kenyon of St. Joseph, Missouri, who was given a call in 
June, 1878. Mr. Kenyon was pastor of the church for seven 
3^ears and finally resigned ''to go into another field of labor 
more conducive to his health.'' An intimate friend has 
characterized Mrs. Kenyon in this fashion: pretty Mrs. 

ests of the church, it is believed that it will be found to have an important 
bearing on its spiritual growth, and help to promote its great work of bringing 
the hearts of men nearer to the Master. 

*'The committee hope that they shall receive your thoughtful and prayerful 
co-operation, and that this church will be guided to a sphere of ever widening 
sympathy and power." 

68 Healy 's Church History in the loiva City Bepullican, August 2, 1876; 
Minutes of Congregational Society of Iowa City, p. 45. 

It is interesting to note that a president of the State University of Iowa 
supplied the pulpit of this church for a period of several months and later 
became pastor of the church. 



CONGREGATIONAL CHURCH OF IOWA CITY IQl 



Kenyon so charming surrounded by her pretty boys and 
girls ''.^^ 

The Eev. R. G. Woodbridge was summoned to be pastor 
of the church in 1885. In the second summer of his ministry 
Mr. Woodbridge called the young people of the parish to- 
gether and related to them in a very interesting way his 
experience in attending a national conference of the Chris- 
tian Endeavor Society at Old Orchard, Maine, and suggest- 
ed that a Christian Endeavor Society might be of great 
value in the Iowa City church."^^ About forty young people, 
many of whom he had instructed in the class for Christian 
training", enthusiastically signed a Christian Endeavor 
pledge, which at that time included attendance at the 
Christian Endeavor meeting and participation" in some 
way in its meetings. ^ ^ These promises which were present- 
ed to us with much seriousness gave us just the sense of 
unity we needed. With the return of the students in the 
autumn the membership was increased to about a hundred 
and a most helpful organization was the result. ""^^ 

Mr. Woodbridge was a remarkable leader of young 
people. ' ^ Furthermore, his ministry has been characterized 
as follows : 

He had the happy faculty of really becoming acquainted with his 
young people in a fatherly way so that he knew their hopes and 
their disappointments. As a result during his administration the 
unusual happened in the way of mid-week prayer meeting attend- 
ance. The large down-stairs room would be so well filled that extra 
seats had to be brought in because the young people came and 
brought their parents with them. Mr. Woodbridge also did a good 
work with the older people by establishing the custom of friendly 

69 Mrs. Currier's The Church and Its Pastors, pp. 21, 24. 

Eev. F. L. Kenyon was the father of United States Senator William S 
Kenyon. 

70 The Christian Endeavor Society in America was founded by Francis E. 
Clark (a Congregationalist) in 1881. 

71 Mrs. E. W. Eockwood's Seminiscences. 



102 IOWA JOURNAL OF HISTORY AND POLITICS 



visiting which was new to many and which developed his idea of the 
Church as a big family with a common purpose 

IMrs. Woodbridge was kept so busy with her home duties 
that a member of the church declared ^^that we couldn't 
have all we wanted of her ' ' 

THE BETHLEHEM MISSION 

Every church needs an outlet for its surplus energy. 
This church long ago caught the vision of service and as a 
result established an outpost known as Bethlehem Mis- 
sion ' \ This ' ' Mission ' ' was adopted by the Congregational 
Church in 1886 '^It had been in existence for several 
years, and the Bible School sessions were held in the house 
of Deacon C. M. Calkin. ''"^^ Later a brick chapel known as 

Bethlehem Chapel" was erected on Fairchild Street at a 
cost of seventeen hundred dollars. The property is held by 
a corporate body consisting of the pastor of the Congrega- 
tional Church, the deacons, and three other persons chosen 
by the church.'^ The work of the Mission" is under the 
control of a Board of Directors known as the Bethlehem 
Chapel Directors", consisting of the pastor, the deacons, 
the superintendent of the Mission Bible School", and 

72 Mrs. Eockwood's Eeminiscences. 

73 Mrs. Currier's The Church and Its Pastors, p. 24. 

74 At a called meeting of the society held on May 19, 1887, the following 
preamble and resolution were adopted: 

* ' Whereas. — Certain persons offer to donate to this society a lot in the 
Northeast part of the city as a site for a building to be used for the Educa- 
tional and Eeligious benefit of the Bohemians in that quarter; therefore 

Eesolved — That we will accept the donation for the purpose indicated 

75 Manual of the Congregational Church, Iowa City, Iowa, 1914, p. 8. 

76 At a meeting of the Congregational Society of Iowa City, held August 16, 
1888, the following resolution was adopted: 

' ' Eesolved — That the Trustees of this society are hereby authorized and 
instructed in the name and behalf of this society, to convey that part of out lot 
No. 9 in Iowa City, la. now held by this society in trust for the use of the 
Bohemian Mission, to the organization now having charge of said mission". 



CONGREGATIONAL CHURCH OF IOWA CITY 103 



three other persons nominated by the Board of Directors 
and elected by this church for a term of two yearsJ^ 

LATER HISTORY OF THE CHURCH 

The following resolution was offered at the time Mr. 
Woodbridge tendered his resignation : 

Resolved — That while we regretfully accept his resignation, we 
record the following statement respecting his two years work 
among us ; We feel that the church has been greatly blessed under 
his ministrations; that it has been edified not only intellectually, 
but spiritually and morally; that the Master's injunction, ''"Whoso- 
ever would be great among you let him be your minister and Who- 
soever would be chief among you let him be your servant ' ' has, been 
literally fulfilled ; for we have been served with conscientious fidel- 
ity to this most exalted ideal. As a result of this painstaking ser- 
vice, under the blessing of God, Fifty six have added to the church 
Fifty on confession and sixteen by letter and with this increased 
membership, increased activity has resulted in all lines of church 
workJ^ 

The Eev. Mr. Bullock of South Haven, Michigan, was 
summoned to be pastor of the church on March 1, 1888, and 
thus was begun a happy pastorate of eleven and one-half 
years — the longest the church has ever had. It was during 
this period that the parsonage was built. An organization 
was created known as ^^The Parsonage Fund Association'', 
which included all the ladies in the church. Mrs. Andrews 
who was the organizer and president of the Kings ' Daugh- 
ters, was elected president of the association. The ladies 
were extremely devoted to this ^'fund". ^^From this time 
until the Parsonage was paid for the ladies turned most of 
their earnings into this Fund only reserving enough to pay 
the Organist." The association contributed in all $2318.20 
— nine hundred dollars of which was given at one time by 

77 Manual of the Congregational Church, Iowa City, Iowa, 1914, p. S. 

78 Minutes of Congregational Society of Iowa City, p. 76. 



104 IOWA JOURNAL OF HISTORY AND POLITICS 



Mrs. C. D. Close. In tlie preceding year, the ladies had re- 
ceived five hundred dollars as a legacy from Mrs. Gnnsolus 
and this sum became the ''nest egg" for the parsonage fund. 
After the parsonage was nearly remodelled, the red brick 
structure was so plain in appearance that Mrs. C. D. Close 
made a second contribution, this time of two hundred dol- 
lars, ''for a two story bay window on the south so that the 
family could have more sun in the living room and Mr. 
Bullock could have a cheery study. "'^^ In the beginning of 
this pastorate, Mr. and Mrs. Bullock lived in their own 
rented house, but in September, 1891, they were "installed'' 
in the new parsonage which stood to the east of the church.^^ 
They were very grateful to the parish for the comfortable 
and commodious home and made it in every sense a real 
church home for the young people, as well as a meeting- 
place for the older members.^^ 

This parsonage was in use eleven years and then the 
property, including twenty feet of the east end of the 
church lot, was sold to the State as a site for the new med- 
ical buildings of the State University. As a result of this 
sale all the debts of the church were paid and another par- 
sonage was purchased on North Linn Street.^^ 

The Congregational Society was incorporated on March 
30, 1894. The first signers were Messrs. Emlin McClain, 
N. H. Brainerd, Isaac Loos, Ben Price, and W. Hal Stewart. 

79 Mrs, Eockwood's Eeminiscences ; Stewart's The Last Fifteen Years, p. 2. 
This was a paper read by Mrs. Ida Stewart at tlie fortieth anniversary of the 
Congregational Church of Iowa City, November 26, 1906. 

80 Mrs. Currier 's The Church and Its Pastors, p. 30. 

81 Mrs. Eockwood's Reminiscences; Minutes of Congregational Society of 
Iowa City, March 2, 1891. 

Mrs. C. D. Close also furnished the parlor so that it was fresh and attractive 
for the gatherings. 

82 Mrs. Currier's The Church and Its Pastors, p. 31. 

Early in Mr. Bullock's pastorate, the choir was moved down from the gallery 
to the back of the pulpit. 



CONGREGATIONAL CHURCH OF IOWA CITY 105 



Chancellor McClain was appointed as a committee of one 
to secnre the passage of an act by the General Assembly of 
Iowa, then in session in Des Moines, legalizing all the acts 
of the Congregational Society of Iowa City and its board of 
trustees acting for said society and all acts of said society 
since the date of its organization.^^ 

One of the most useful organizations connected with the 
church was initiated and successfully launched by Mrs. 
Bullock. ^^A call was extended to the ladies of the church 
to meet at the parsonage to consider the advisability of 
organizing an association that would include all the ladies 
of the congregation. Nine ladies were present at this first 
meeting. A committee, consisting of Mrs. Bullock, Mrs. 
Wilcox and Mrs. Loos, was appointed to formulate a consti- 
tution and by-laws and to report one week later, at which 
time (October 8, 1897), the Woman's Association was organ- 
ized, its object being 'Ho organize and increase the efficiency 
of the women of the church and to promote its social life.'' 
This association has always been active in its efforts to 
supply the needs of the church, and has contributed largely 
to the furnishing and decorating of the church auditorium 
and the Sunday school room.^^ 

When Dr. Bullock resigned in 1894, a resolution was 
adopted by the church, expressing appreciation of his faith- 
ful and efficient services and sorrow at his departure. Mrs. 
Bullock was ''wise and witty and devoted". She could 
equally well devise a Woman's Association or tell a story.^^ 

Eev. George L. Cady became the next pastor in 1900. It 
was during his tenure of office that the pipe organ was in- 

83 Minutes of Congregational Society of Iowa City, pp. 95, 96. 

84 Mrs. Isaac A. Loos 's A STcetch of the Women 's Association of the Congre- 
gational Church of Iowa City, p. 1. 

From a manuscript prepared by Mrs, Loos and read at the fortieth anniver- 
sary of the Congregational Church of Iowa City, November 26, 1906. 

85 Mrs. Currier 's The Church and Its Pastors, p. 25. 



]()() IOWA JOURNAL OF HISTORY AND POLITICS 



stalUnl. When some of the members rather doubted the 
advisability of this move, Mr. Cady went out and convinced 
the townspeople ^'that an organ in our church would be a 
comnumity improvement''. The different societies of the 
church had purchased a piano which was now to be sold and 
the proceeds used in part payment for the organ. But it 
was decided later that in reward for Mr. Cady's services 
this piano should be placed in the parsonage. When he left 
Iowa City the piano which had cost $400 was sold to him 
for $100 in appreciation of his efforts. The pipe organ was 
purchased at a cost of $2400 and at the installation a recital 
was given, which was well attended by the townspeople who 
bought tickets to help the cause.^^ 

Early in Mr. Cady's pastorate, the child membership 
idea took root. ^ ' Such membership recognizes the child as 
belonging to God." ^'It means that at [a] suitable age the 
child will be a member of our Bible School, and of the 
Children's Congregation in the morning worship of the 
church. It constitutes the child a member of this Church 
family, and assumes that the child will grow up in the 
church into mature Christian life and full church member- 
ship." If parents object to infant baptism, but are willing 
to take the vows customary on such an occasion, the names 
of their children are placed on the child membership roll.^^ 

In 1905 the ^'Student Membership" plan was adopted. 
It was felt that something ought to be done to take care of 
the Congregational students in the State University. It was 
provided that ''members of other churches residing in Iowa 
City as students in educational institutions, may, at their 
own request, be enrolled as student members of this Church 
during their residence in the city. Such members when re- 

86 Mrs. Eockwood 's Reminiscences. 

ii"^ Manual of the Congregational Church, Iowa City, Iowa, 1914, pp. 14, 15; 
Mrs. Currier's The Church and Its Pastors, pp. 31, 32. 



CONGREGATIONAL CHURCH OF IOWA CITY 107 



ceived shall be enrolled on a separate roll, with the under- 
standing that while they enter fully into church fellowship 
here they do not lose their membership in their own 
churches. '^^^ 

It was during the pastorate of Rev. Horace L. Strain that 
the semi-centennial of Congregationalism in Iowa City, the 
fortieth anniversary of the present organization, and the 
three-hundredth anniversary of the founding of the Con- 
gregational Church at Scrooby, England, were celebrated 
by the Iowa City church. Upon this occasion a number of 
distinguished guests appeared in the pulpit. Rev. George 
L. Cady spoke upon ^^Congregationalism Fronting the Fu- 
ture'', Rev. T. 0. Douglass upon ^^The Greater Works of 
Congregationalism'', and Hon. Emlin McClain upon Look- 
ing Toward the Centennial. "^^ 

Mr. Strain suffered a long illness and finally died in 1908 
at Boulder, Colorado. Rev. J. T. Jones began his ministry 
on the first Sunday of October, 1908. The church was some- 
what discouraged at this time owing to the protracted ill- 
ness of his predecessor, but the congregation soon rallied 
and responded nobly to his leadership. Soon after Mr. 
Jones began his ministry, the church sustained a serious 
blow in the death of Professor Gordon, who was at the head 
of the Public Speaking Department in the University. He 
was an able and earnest worker in the church, and rendered 
valuable service to the congregation during Mr. Strain's 
illness. 

At this time the position of student assistant was occu- 
pied by Mr. Carl Kirkpatrick who served for two years. 
Dr. Jones says of him that '^he was one of the most amiable, 

88 Manual of the Congregational Church, Iowa City, Iowa, 1914, p. 15 ; Mrs. 
Currier's The Church and Its Pastors, p. 32. 

89 Program — Fifty Years of Congregationalism (November 26-27, 1906). 

90 TMs quotation is from a letter written to the writer by Dr. J. T. Jones, 
dated July 28, 1916. 



108 IOWA JOURNAL OF HISTORY AND POLITICS 



conscHM-ntcMl and tactful young men I have ever known, and 
the splendid work he did among the Congregational Stu- 
dents Avill be long remembered. ''^^ 

One of the most important landmarks of this pastorate 
was the organization of the ^'Haystack League'', which met 
every Monday evening in the church kitchen to study mis- 
sions. A number of its charter members are now in foreign 
countries and several others have volunteered to go. All 
the members of the Haystack League'' are now trans- 
lating the broader vision of Christian service, developed in 
this class, into applied Christianity in the communities in 
which they live.^^ 

During the pastorate of Rev. Jones a brotherhood was 
organized, ''which proved for a long time to be the most 
effective men's organization in the city." An important 
factor in its success was the music of the "Welsh Quartet. 
The whole membership of the church gave the pastor mag- 
nificent backing, during a memorable campaign waged 
against ihe saloon. "It is not too much to say that the 
Congregational Church made a splendid contribution to- 
ward civic betterment in Iowa City."^^ 

Furthermore, the churches of Iowa City and the Univer- 
sity were drawn together, at this time, by a spirit of closer 
cooperation. "The whole attitude of the University to the 
Churches underwent a change about eight or nine years 

91 Letter from Dr. J. T. Jones to the writer, July 28, 1916. 

It should be mentioned in this connection that Deacon O. H. Brainerd has 
rendered a most effective service among home-sick and lonesome students, who 
have always found in him a sympathetic friend. 

92 The following persons were among the organizers of the Haystack League : 
Dr. Floyd Smith is now in Eussia, the Misses Jongewaard in India, and Mr. 
Lewis Mounts received his degree — Doctor of Philosophy — from the State 
University of Iowa (1916) and is planning to enter Hartford Theological Sem- 
inary this fall. 

Mr. Jordan helped to organize the Carey League" in the Baptist Church 
of Iowa City. 

93 Letter from Dr. J. T. Jones to the writer, July 28, 1916. 



CONGREGATIONAL CHURCH OF IOWA CITY 109 



ago/^ Rev. Horace L. Strain and Dr. Jones of the Congre- 
gational church, and Dr. D. W. Wiley of the Presbyterian 
church had much to do ''in bringing about these improved 
relations. Arrangements were made by which a limited 
amount of University credit might ''be given students for 
systematic and thorough work'' done in religious studies. 
A number of these courses were given by pastors of the city 
churches. Dr. Jones gave a course on "Christian Apolo- 
getics ' 

After an absence of more than four years, Dr. Jones 
wrote as follows : 

Never shall I forget what a wrench it was to sever my relations 
with the Iowa City church, which still occupies a warm place in the 
hearts of Mrs. Jones and myself. "When I left, the church was 
thoroughly united, peaceful and in fine working condition. I look 
back upon my ministry in Iowa City with devout gratitude to our 
Almighty Father and with warm appreciation of the support given 
my labors by the members of the congregation, by the members of 
other churches, and indeed, by the whole city.^^ 

In the interim between this and the next pastorate a very 
interesting discussion was in progress. It was a plan to 
amalgamate the Christian and Congregational Churches of 
Iowa City. A committee of five was appointed by the chair- 
man of the supply committee, Mr. A. H. Ford, to confer 
with a similar committee of the Christian Church.^"^ This 

94 Letter from Dr. J. T. Jones to the writer, July 28, 1916. 
85 Bulletin of the State University of Iowa, New Series No. 15, June 30, 
1910, pp. 3, 6. 

This plan was approved by Professors Thomas H. Macbride, Carl E. Seashore, 
and Herbert C. Dorcas. 

96 Letter from Dr. J. T. .Jones to the writer, July 28, 1916. 

Doctor Jones came to this church from Ebensburg, Pennsylvania, where he 
had been pastor for nearly eleven years. He went from here to Council Bluffs, 
Iowa, where he is now pastor of the First Congregational Church. 

97 This committee consisted of Messrs. O. H. Brainerd, S. L. Close, W. F. 
McEoberts, P. S. Pierce and E. W, Eockwood. — Becords of ''The Congrega- 
tional Church of Iowa City", Iowa, p. 70, June 27, 1912. 



110 K^VA JOUKNAL OF HISTORY AND POLITICS 

(H)niinittoe reported in favor of church union, and a com- 
mittee of three was appointed to carry out the plan.^^ qy^^ 
report of the latter committee, however, was finally placed 
in tlie hands of the church clerk and nothing ever came of 

it;-^*-^ 

Rev. Wayne L. Waters was summoned to be pastor of the 
church on August 11, 1912.^*^^ 

The University had grown until its enrollment was now 
three thousand students, three hundred and fifty of whom 
were Congregationalists. It was felt that some more ade- 
quate provision ought to be made for the religious care of 
these students. Accordingly, the ^'Congregational Confer- 
ence of Iowa" made financial provision for a '' University 
Pastor" who came upon the field in September, 1914. The 
first incumbent of this newly-created office was Eev. Joseph 
S. Heff ner, who came from a pastorate in New J ersey. 

Although this work as a nation-wide movement is in its 
infancy, yet about one hundred men are specializing in this 
field of endeavor. The movement originated and has 
spread most rapidly in the upper Mississippi Valley. There 
is a reason for this. Nearly all the older colleges of the 
East were founded as church schools, that is, they were 
originally responsible to some ecclesiastical organization. 
Many of them were originally founded to train men for the 
ministry. Most of the great theological seminaries of the 
country are in the East. The State universities of the Mid- 
dle West, on the other hand, never had such church connec- 
tions and hence each church feels more and more the 
necessity of conserving its own interests in the great centers 
of learning which are under the supervision of the State. 

»8 This committee was appointed August 8, 1912, and consisted of Messrs. 
A. H. Ford, S. L. Close, and 0. H. Brainerd. 

99 This report was made on September 1, 1912. 

100 Rev. Waters accepted the call in a letter of August 22, 1912. 



CONGKEGATIONAL CHURCH OF IOWA CITY m 



This work at Iowa City is financed by the two hundred 
and eighty-eight Congregational churches of the State and 
the Congregational Education Society'' of Boston. 
Provision has been made in the ''Pilgrim Fund" for a 
* ' Conference House ' ' in Iowa City, which is to be the center 
of student activities. 

At the beginning of the third year of Mr. W^aters's pas- 
torate, great gloom was cast over his life and over the entire 
parish by the death of Mrs. Waters. The following appre- 
ciation was embodied in the records of the church : 

Inasmuch as since our last meeting, one of our most faithful and 
best beloved members, Mrs. Wayne L. Waters, has passed beyond, 
we pause for a moment's thoughtful consideration of the life thus 
early taken from us. Not that any poor word of ours is needed to 
complete the impression of beauty w^hich her character has left, but 
rather that we are made better by thus thinking on ''whatsoever 
things are pure, whatsoever things are lovely." In Mrs. Waters' 
relations with the Missionary Society, as in all other Church work, 
perhaps the most impressive trait of her character was perfect will- 
ingness to serve. This cheerful readiness combined with a delicate 
perception of the special kind of service she was fitted to give, made 
her not only most useful, but most admirable in all her activities. 
As we reflect upon this life so sweet and calm, it is as if we had been 
listening to some lovely song, to which our dull ears were only half 
attentive and which we would fain have repeated in the lives this 
life has blessed. Truly, it hath been said of her, "She hath done 
what she could, "i^^s 

Eev. Waters resigned his pastorate in June, 1915, to be- 
come pastor of the Congregational Church of Oskaloosa, 
lowa.i^* 

101 ifirm/es of the Congregational Conference of Iowa (1916), pp. 92, 93. 
'^<^2 Minutes of the Congregational Conference of Iowa (1916), see last page 
of cover. 

'i-'^s Becords of ''The Congregational Church of Iowa City", Iowa, p. 93. 
This appreciation was originally prepared for the Woman's Missionary Soci- 
ety, but was by vote of the Church incorporated in its minutes. 
104 Eev. Waters 's letter of resignation was dated June 3, 1915. 



llv> IOWA JOURNAL OF HISTORY AND POLITICS 



Duri the summer of 1915, the church auditorium was 
decorated and the whole church was completely renovated. 
Much credit is due the ^'Daughters" of the church for their 
heroic service in making possible this fresh and attractive 
interior. 

After an interim of four months, Rev. Ira J. Houston 
of Mt Vernon, Ohio, became the fourteenth pastor of this 
church. The church has taken on newness of life, and 
the outlook is most encouraging under his leadership. 

Joseph S. Heffner 

Iowa City Iowa 

105 Minutes of Congregational Society of Iowa City, July 12, 1915, pp. 237, 
238. 

106 On August 9tli, 1915, Prof. P. S. Pierce introduced tlie following reso- 
lution: 

''Eesolved that the Board of Trustees be, and the same hereby are directed 
to sell at the highest price obtainable, a lot forty feet wide (more or less) and 
one hundred sixty feet deep from the South side of the lot on which the par- 
sonage now stands on N Linn St, and that the proceeds from this sale be de- 
voted to payment of accumulated indebtedness of this Church and to the 
improvement of the church and parsonage property. It was moved seconded 
and carried to adopt same, and a committee of three viz D. W. Jones, W. F. 
McRoberts and G. M. Gailey [were] instructed to report values of the present 
parsonage property, dimensions, &c" 

107 Eev. Ira J. Houston's letter of acceptance was dated August 14, 1915. 
There are many interesting facts which could not be brought within the 

scope of this history. Very little has been said about the Ladies' Aid Society, 
the Woman's Missionary Society, the Daughters of the Church, the Brother- 
hood, the Priscilla Club, and the Bible School. Each one of these organizations 
has a history of its own. 

The writer of this paper is convinced that every church, and every organiza- 
tion within the church, should preserve its records with the utmost accuracy, so 
that the historian who may chance upon them will find no gaps or errors. 
Every church should have a historian whose duty it should be to coordinate all 
the recording agencies of the church. 



SOME PUBLICATIONS 



Early Days at Council Bluffs. By Charles H. Babbitt. Wash- 
ington, D. C. : Press of Byron S. Adams. 1916. Pp. 96. Plates, 
maps. This volume is a contribution not only to the history of 
Iowa but to the history of the westward movement, since Council 
Bluffs was the halting place and outfitting point for practically all 
the trekkers who went across Iowa on their way to California, 
Oregon, and other sections of the Far West. For this reason it was 
in many respects the most widely known town in Iowa in the early 
days. 

The author of the book lived in Council Bluffs from 1853 to 1874 
and for the past forty years has been the contributor of numerous 
newspaper articles of a reminiscent character, dealing with the 
history of the city and vicinity. Discovering, however, that his 
memory, like that of other pioneers, was not always to be trusted, 
and being interested also in the early period before his own arrival 
upon the scene, he determined to write an account based on authen- 
tic documentary sources. The present work is the result of that 
determination and represents the fruits of extensive research. 

The book is divided into six chapters, the first of which tells of 
early days at Council Bluffs from the time of the arrival of the 
Pottawattamies dow^n to about 1857. The activities of the Mormons 
receive considerable attention in this chapter. The Pottawattamie 
■ Indians form the subject of discussion in the second chapter; while 
I the old blockhouse and Fort Croghan receive treatment in the third 
|: and fourth chapters. Then follows a chapter entirely devoted to 
i the Mormons, and in conclusion there is a brief account of the 
! organization of Pottawattamie County. It is to be noted that the 
j; author disclaims any intention "to present a commercial and per- 
j sonal history of early days at Council Bluffs". Thus, Avhile it is 
j doubtless true that much of interest and value has been purposely 
j omitted, Mr. Babbitt is entitled to the gratitude of students of Iowa 

VOL. XV — 8 



Il l IOWA JOURNAL OF HISTORY AND POLITICS 



nnd \vi\slri-ii liistory for bringing together data much of which has 
boon inaccessible to the average reader and some of which has never 
before been })ublislied. The lack of an index is to be regretted. 

The Journals of Captain Merhvether Lewis and Sergeant John 
Ordwai). Edited with introduction and notes by Milo M. Quaife. 
]\rndison: The State Historical Society of Wisconsin. 1916. Pp. 
44-4. Plates, maps. It is perhaps not too much to say that no publi- 
cation of the State Historical Society of Wisconsin possesses a 
wider interest than this book which is volume twenty-two of the 
Collections. In a historical introduction of about fifteen pages the 
editor discusses the plans for western exploration before the Lewis 
and Clark Expedition, and the activities of Jean Baptiste Trudeau, 
James Mackay, and John Evans along this line in behalf of the 
Commercial Company for the Discovery of the Nations of the Up- 
per Missouri. He also describes the discovery of the journals which 
occupy the remainder of the volume. 

First comes the valuable journal of Lewis telling of the trip 
down the Ohio and up the Mississippi, from Pittsburgh to River 
Dubois, from August 30 to December 12, 1803 — a journal the ex- 
istence of which was only recently discovered. Thus for the first 
time w^e now have in print a detailed and practically complete ac- 
count of this preliminary portion of the journey written by one of 
the leaders. This journal occupies about forty-five pages. The 
remainder of the volume is taken up with Sergeant John Ordway's 
long-lost journal. While Ordway's account may add little of real 
importance to the store of knowledge concerning the expedition, it 
is rich in incidents and descriptions, and it is the only "complete 
daily record of the expedition from start to finish written by one 
man." An excellent index completes the volume. 

Sacred Bundles of the Sac and Fox Indians. By M. R. Harring- 
ton. Philadelphia : Philadelphia University Museum. 1914. Pp. 
262. Plates. This monograph constitutes the second number of 
volume four of the University of Pennsylvania Anthropological 
Publications and is based upon information and materials collected 
by an expedition sent out to various Indian tribes by Mr. George 
G. Heye. It was the purpose of this expedition to study the magic | 



SOME PUBLICATIONS 



115 



objects, sacred bundles, and other similar fetishes and charms in 
use among these Indians but Mr. Harrington has limited his volume 
to a description of the use of such objects of veneration among the 
Sacs and Foxes of Oklahoma, Kansas, and Tama, Iowa. 

The writer divides these sacred bundles into three classes : clan, 
war, and medicine or charm bundles, according to the purposes for 
which they were supposed to be powerful. Covered with dry buck- 
skin and composed of a variety of objects such as pieces of bird or 
animal skins, paint, herbs, and the horns or tails of buffaloes, these 
bundles bear testimony to the faith of the red man that he would 
in some mysterious way acquire the characteristics of the animals 
represented in his bundle. None of the clan bundles could be 
secured for they are still in use but a number of the war and med- 
icine bundles were purchased and the objects contained in them are 
enumerated and illustrated by numerous drawings and pictures. 
The Sacs and Foxes at Tama, Iowa, are more primitive than the 
others, according to the writer of this volume and a number of 
myths concerning them are included. 

Students of Indian life will be interested in the religious customs 
of the Indians and in the psychology which underlies many of their 
institutions and beliefs. Perhaps, too, it will be somewhat of a 
surprise to many people, that within the borders of highly civilized 
and Christian Iowa there are nearly four hundred persons who 
cling to their belief in their own gods and still cherish their sacred 
bundles. 

The Life of Father De Smet, S. J. (1801-1873). By E. Laveille, 
S. J. New York: P. J. Kenedy & Sons. 1915. Pp. xxii, 400. 
Portraits, plates, map. It is safe to say that no other missionary 
of any church among the native tribes along the Missouri River 
and its tributaries was so widely known or exerted such a remark- 
able influence over the Indians as the Jesuit priest. Father Peter 
J. De Smet. On many occasions the government profited greatly 
by his services in pacifying hostile tribes; and his entire life in 
the West was one of unceasing labor in the best interest of the 
red man. 

Since the publication of Chittenden and Richardson's four-vol- 



IK; IOWA JOURNAL OF HISTORY AND POLITICS 



iinio, (loeumentary work ten years ago the research student has 
had abundant opportunity to study the career of this pioneer priest^ 
but tlie present vohime offers the first adequate biography suited 
to tlie demands of the general reader. The translation by Marian 
Lindsay is executed in a very readable style. Naturally, the book 
is written from the standpoint of the church and the chief emphasis 
is placed on Father De Smet's religious activities. 

lowans will find particular interest in chapter five which deals 
with De Smet's experiences during the year 1838-1839 at the Pot- 
tawattamie mission on the site of the present city of Council Bluffs. 
Toward the close of the volume (p. 341) there is an account of 
his journey overland from Chicago to Sioux City in 1867. 



A supplement to the Political Science Quarterly for September 
contains a Record of Political Events from November 7, 1915, to 
July 31, 1916, compiled by Edward M. Sait and Parker T. Moon. 

Among other things the October number of the Journal of the 
United States Cavalry Association contains a first-hand account of 
The Punitive Expedition from Boquillas, by Stuart W. Cramer, Jr. 

Volume nineteen, part one, of the Anthropological Papers of the 
American Museum of Natural History consists of a study of The 
Whale House of the Chilkat, by George T. Emmons. 

Victor S. Clark is the author of a History of Manufactures in 
the United States, 1607-1860, which has been published by the Car- 
negie Institution of Washington. 

The July-September number of The American Indian Magazine 
contains the proceedings and addresses of the sixth annual con- 
ference of the Society of American Indians, held in Cedar Rapids 
in September, 1916. 

Three lectures on The Purpose of History, by Frederick J. E. 
Woodbridge, have been brought out in book form by the Columbia 
University Press. From history to philosophy, the pluralism of 
history and the continuity of history are the subjects discussed. 



SOME PUBLICATIONS 



117 



The proceedings of The W J McGee Memorial Meeting held by 
the Washington Academy of Sciences at the Carnegie Institution 
in Washington in December, 1913, have recently been published 
in pamphlet form. Honorable Horace M. Towner represented 
The State Historical Society of Iowa on that occasion. 

A recent number of the Johns Hopkins University Studies in 
Historical and Political Science consists of a monograph on State 
Administration in Maryland, by John L. Donaldson. The five 
chapters deal with public education, public health, charities and cor- 
rections, finance, and general economic welfare. 

Among the articles in The South Atlantic Quarterly for October 
are the following: The Coming of the Budget System, by Charles 
Wallace Collins; The Teacher of Jefferson and Marshall, by Dice 
Eobins Anderson; and The Louisiana Police Jury, by Milledge L. 
Bonham, Jr. 

Florence M. Poast is the writer of a small volume of Indian 
Names, Facts and Games for Camp Fire Girls, published by the 
author in Washington, D. C. 

The July number of the Smith College Studies in History con- 
tains two contributions, namely: Women's Suffrage in New Jersey 
1790-1807, by Edward Raymond Turner; and The Cherokee Nego- 
tiations of 1822-1823, by Annie Heloise Abel. 

Bulletin 133 issued by the Federal Census Bureau contains 
Estimates of the Population of the United States for the years 
from 1910 to 1916, inclusive, together with the results of the State 
enumerations made in 1915. 

The National City Bank of New York has published an address 
entitled Business after the War, delivered by George Evan Roberts 
before the Michigan Bankers' Association in June. 

An article on The War Poiver and the Government of Military 
Forces, by George Melling, is published in two installments in 
the July and September numbers of the Journal of Criminal 
Law and Criminology. 



lis lOAVA JOURNAL OF HISTORY AND POLITICS 



llonltli insurance is the central topic of discussion in the June 
nnniher of The American Labor Legislation Review. Besides four 
articles dealing with various phases of the subject, there will be 
round a Brief for Health Insurance and a tentative draft of an 
act. 

A Eistory of the New York Public Library, written by Harry 
Miller Lydenberg, is begun in the July issue of the Bulletin of the 
Neiv York Public Library and continued in succeeding numbers. 

History Bulletin 9 published by the New York State Library 
consists of volume two of the Early Records of the City and 
County of Albany and Colony of Rensselaerswyck, translated from 
the original Dutch by Jonathan Pearson and revised and edited 
by A. J. F. Van Laer. 

Dr. Knut Gjerset, a professor in Luther College at Decorah, 
Iowa, is the author of a two-volume Eistory of the Norwegian 
People which has been published by the Macmillan Company. 

Two large volumes containing the Report of the Commission 
to Locate the Site of the Frontier Forts of Pennsylvania, edited 
by Thomas Lynch Montgomery, embrace materials of much 
historical interest and value. 

The Origin of Totemism, by Franz Boas; Sociological Term- 
inology in Ethnology, by A. A. Goldenweiser ; Certain Pre-Col- 
umbian Notices of American Aborigines, by William H. Babcock; 
and Suggestions for Cataloguing of Anthropological Material, by 
Bruno Oetteking, are among the contributions in the July-Sep- 
tember number of the American Anthropologist. 

Among the articles in The Journal of Negro Eistory for July 
are the following: Colored Freemen as Slave Oivners in Virginia, 
by John H. Russell; Lorenzo Dow, by Benjamin Brawley; and 
The Attitude of the Free Negro Toivard African Colonization, by 
Louis R. Mehlinger. Two articles in the October number are: 
People of Color in Louisiana, by Alice Dunbar-Nelson; and The 
Defeat of the Secessionist in Kentucky in 1861, by Wm. T. 
McKinney. 



SOME PUBLICATIONS 



119 



Americanizing the Immigrant, by Henry Pratt Fairchild; and 
Liberty and^ Discipline, by A. Lawrence Lowell, are among the 
articles which appear in the July number of The Yale Review. 

The January, April, and July, 1916, numbers of the Bulletin 
of the Virghiia State Library are combined in one number con- 
taining a valuable compilation of data concerning Virginia 
Counties: Those Resulting from Virginia Legislation, by Morgan 
P. Robinson. The October number of the Bulletin contains a list 
of French Newspapers of 1848-50 in the Virginia State Library, 
by Earl G. Swem. 

Two articles in The Military Historian and Economist for Octo- 
ber are : Conscription in the Confederate States of America, 1862- 
1865, by R. P. Brooks ; and The Proof of the Monroe Doctrine, by 
B. H. Richard. 

Longmans, Green and Company have brought out a book of 
Readings in the Economic History of the United States, com- 
piled by Ernest L. Bogart and Charles M. Thompson. Students 
of western history will be especially interested in chapters eleven, 
twelve, fourteen, eighteen and nineteen, dealing with the west- 
ward movement, inland commerce and internal improvements, and 
the public lands and agriculture. 

An Index of the Rolls of Honor (Ancestor's Index) in the 
lineage books of the National Society of the Daughters of the 
American Revolution is a volume of over four hundred pages, 
which should prove of value to persons interested in genealogical 
research, whether members of the Daughters of the American Revo- 
lution or not. 

The Water Barriers of New York City, by Ellsworth Hunting- 
ton; Some Geographic Problems Incident to the Growth of New 
York City, by E. P. Goodrich; and The Population of New York 
State, by Albert P. Brigham, are articles in The Geographical Re- 
view for September. Among other things there is a description 
of The Museum of the American Indian, Heye Foundation, by 
George H. Pepper. 



V20 IOWA JOURNAL OF HISTORY AND POLITICS 

The November nuiiiber of The Annals of the American Academy 
of PoUfical and Social Science is devoted to the subject of 
An}(rica\<! Changing Investme^it Market. The numerous articles 
are j^rouped under the following topics: international investments 
before the European war, the influence of the European war, 
capital needs of the near future, and the United States in the 
investment market. 

A recent number of the Johns Hopkins University Studies in 
Historical and Political Science consists of a monograph on The 
Control of Strikes in American Trade Unions, by George Milton 
Jones. The eight chapters deal with the development of control, 
control by national deputy, arbitration and control, the initiation 
of strikes, the independent strike, the management of strikes, 
strike benefits, and the termination of strikes. 

Proportional Representation, by John H. Humphreys; Some 
Recent Uses of the Recall, by P. Stuart Pitzpatrick; Recent City 
Plan Reports, by Charles Mulford Robinson; Progress of the 
Civic and Social Survey Idea, by Murray Gross; Recent Progress 
in Municipal Budgets and Accounts, by C. E. Rightor; The Liquor 
Question and Municipal Reform, by George C. Sikes; and Munici- 
pal Fire Insurance in Great Britain and the United States, by 
Ralph H. Blanchard, are among the articles in the July number 
of the National Municipal Revieiv. 

Rome's Fall Reconsidered, by Vladimir G. Simkhovitch; Cap- 
ital and Monopoly, by 0. W. Knauth; The Control of Return on 
Public Utility Investments, by John Bauer; Agreement in the 
Federal Convention, by R. L. Schuyler; and Political Thought of 
Social Classes, by William P. Ogburn and Delvin Peterson, are 
articles in the June number of the Political Science Quarterly. 
The following articles appear in the September number: The 
Career of Mr. Asquith, by Wallace Notestein; The Russian Offer 
of Mediation in the War of 1812, by P. A. Golder; The Cream 
of Wheat Case, by Sumner H. Slichter; The Allowance for Work- 
ing Capital in a Rate Case, by John Bauer; and The Reconstruc- 
tion of the British Empire, by R. L. Schuyler. 



SOME PUBLICATIONS 



121 



A two-volume work on the History of Domestic and Foreign 
Commerce of the United States was published by the Carnegie In- 
stitution of Washington in 1915. The authors are Emory R. John- 
son, T. W. Van I\Ietre, G. G. Huebner, and D. S. Hanchett. 
Especially interesting from the standpoint of western history is 
part two of volume one, dealing wdth the internal commerce of 
the United States. Attention should also be called to two chapters 
in the second volume which have to do w-ith the fisheries of the 
Great Lakes and the jMississippi River system, and the improve- 
ment of rivers and harbors. 

Among the articles in The Quarterly Journal of Economics for 
August are the following: The Federal Reserve Banking System 
ill Operation, by 0. M. W. Sprague; The Theory of Differential 
Rates, by G. P. Watkins; Fire Insurance Rates: Prohlems of Co- 
operation, Classification, Regulation, by Robert Riegel; and Growth 
of Labor Organizations in the United States, 1897-1914, by 
George E. Barnett. 

The World's Need of International Government is the title of 
an article by Frank Allaben which occupies the opening pages of 
The Journal of American History for July. Heman C. Smith is 
the writer of a short sketch of the History of the Church of Jesus 
Christ of Latter Day Saints. Here also may be found addresses 
by Robert Lansing, John Barrett, and others, delivered before the 
Second Pan-American Scientific Congress. 

The British Empire and Closer Union, by Theodore H. Boggs; 
The Frequency and Duration of Parliaments, by James G. Ran- 
dall; Need for a more Democratic Procedure of Amending the Con- 
stitution, by Seba Eldridge; The Judicial Veto and Political 
Democracy, by Blaine F. Moore; Amending Procedure of the 
Federal Constitution, by Jacob Tanger; and The Operation of 
the Direct Primary in Michigan, by Arthur C. Millspaugh, are 
articles which appear in the November number of The American 
Political Science Review. The department of Legislative Notes 
and News, conducted by John A. Lapp, contains notes on such 
subjects as legislative sessions in 1916, State administration and 



y22 TOWA JOURNAL OF HISTORY AND POLITICS 

budirots, loijfislntive investigations, highway administration and 
Sl.ito Jiid, federal grants in aid of various enterprises, and the 
ameiulnient of statutes. A useful digest of decisions of American 
courts on points of public law is compiled by John T. Fitzpatrick. 

D. C. Heath and Company are the publishers of The Story of 
Agriculture in the United States, a book of nearly four hundred 
pages by Albert H. Sanford, intended "primarily for boys and 
girls who live on farms". Some idea of the contents of the book 
may be gained from the following list of the titles of the various 
chapters: the Indians as farmers, the first farmers of Virginia, 
the beginning of agriculture in New England, the middle colonies 
and the Carolinas, some general features of colonial agriculture, 
the back country, George "Washington as a farmer, first improve- 
ments in agriculture, pioneer farmers of the West, the rise of 
cotton, the story of the plow, when reapers were new, prairie 
agriculture, agriculture in the new possessions, the cotton king- 
dom, agriculture and the Civil War, the westward march of 
wheat, hard times for farmers, range and ranch, the age of ma- 
chinery, animal husbandry and dairying, the new era of scientific 
agriculture, the Department of Agriculture, the new South, irriga- 
tion and dry farming, rural life, and prosperity and problems. 
The book is well illustrated by suitable cuts and maps, and it is 
w^ritten in a simple, readable style. 

WESTEKN AMEEICANA 

A monograph on Aboriginal Sites on the Tennessee Biver, by 
Clarence B. Moore, is published in volume sixteen of the Journal of 
the Academy of Natural Sciences in Philadelphia. 

Lest We Forget — Annie Wittenmyer^ First President of the 
National Woman's Christian Temperance Union is an address 
written and published by Lucy Shelton Stewart, of Evanston, 
Illinois, which is of much interest to lowans. Mrs. Wittenmyer, 
it will be remembered, lived at Keokuk and was one of the leaders 
in the work of relief among the sick and wounded soldiers during 
the Civil War. 



I 

SOME PUBLICATIONS 123 

Two reprints from the Wasliington University Studies for April 
and October, 1916, respectively, are The Ante-helium Attitude of 
South Carolina Towards Manufacturing and Agriculture and 
Sectionalism, Representation, and the Electoral Question in Ante- 
bellum South Carolina, both by Chauncey S. Boucher. 

A brief history of The Western Pacific Railroad, by "Warren 
Olney, Jr. ; and a discussion of The Influence of Missions on Pres- 
ent-day California, by Mary P. Carroll, are two papers in the 
October issue of The University of California Chronicle. 

The June, 1916, number of The Tepee Book, published at 
Sheridan, Wyoming, is a Custer Battle Numher containing accounts 
of that battle by survivors and others, both white men and Indians, 
together with numerous illustrations. 

The Bulletin of the Indiana State Library for September con- 
tains a study of the Sources of Population in Indiana, 1816-1850, 
by Joseph E. Lay ton; a bibliography of county histories; and a 
list of land office reports relating to Indiana. In the December 
number there is a very useful list of Indiana newspapers availa- 
ble in the Indiana State Library, the Indianapolis Public Library, 
the Library of Indiana University, and the Library of Congress. 

Old Santa Fe for October opens with an account of Castano 
de Sosa's Expedition to New Mexico in 1590, by Dorothy Hull. 
Under the heading of The Pueblo Revolt of 1696 are some extracts 
from the journal of General Don Diego de Vargas, translated and 
edited with introduction and notes by Ralph Emerson Twitchell. 
The closing contribution is a brief biography of William Hayes 
Pope, the First Federal Judge of the District of New Mexico, by 
Paul A. F. Walter. 

Volume four, part two, of the University of California Publi- 
cations in History consists of a monograph on The Reorganiza- 
tion of Spain by Augustus, by John J. Van Nostrand, Jr. Number 
three of this same volume contains an essay of nearly one hundred 
and forty pages by Frederick J. Teggart, entitled Prolegomena 
to History: the Relation of History to Literature, Philosophy, 



124 IOWA JOURNAL OF HISTORY AND POLITICS 



and Scicncr, wliicli is of great interest to all students and writers 
of liistory. Ai'ter a brief introduction the writer discusses the 
motliod of science, historical investigation and historiography, 
history and philosophy, and history and evolution. There is also 
a bibliographical appendix. 

Party Organization and Campaign Methods in New England in 
the Jcffcrsonian Era, by William A. Robinson, is a monograph in 
the April, 1916, number of the Washington University Studies. 
Especially interesting is a study of A Century and a Half of Fur 
Trade at St. Louis, by Isaac Lippincott. Students of Iowa history 
will find in this article much data of value concerning the fur 
trade in the Iowa country. The account of the revival of the fur 
trade in recent years is also of particular interest. 

An autobiographical account of President Sprague's Adminis- 
tration of the University of North Dakota, by Homer B. Sprague, 
occupies the opening pages of The Quarterly Journal of the Uni- 
versity of North Dakota for October. Other articles are: Voca- 
tional Training, by Calvin H. Crouch; Some Reasons ivhy North 
Dakota Should Adopt the Uniform Sales Act, by Lauriz Void; and 
Laiv Refo7^m in North Dakota, by Joseph L. Lewinsohn. 

The University of Chicago Press has published in pamphlet form 
an address on The Convention that Nominated Lincoln, delivered 
before the Chicago Historical Society on May 18, 1916, by P. 
Orman Ray. ''In preparing this lecture," says Dr. Ray, ''I have 
tried largely to forget what is contained in the accounts of this 
convention appearing in the standard histories, and have tried to 
present a story of the convention based almost wholly upon the 
official record and upon material gleaned from the Chicago news- 
papers, which so far as I am aware have not been used by the au- 
thors of the histories just mentioned." The result is a vivid 
and very readable paper. lowans will be interested in the refer- 
ence to the speech made at the dedication of the ''Wigwam" in 
Chicago by John Johns, a delegate-at-large from Iowa, who, it is 
said, had walked one hundred and fifty miles to reach a railroad 
and be in attendance at the convention. 



SOME PUBLICATIONS 



125 



The Ohio-Michigan Boundary is the title of a book of over one 
hundred pages, which constitutes volume one of the final report of 
a cooperative topographic survey of the boundary indicated, com- 
piled by C. E. Sherman. Besides the report of the commissioners 
and the report of the engineer, there are many excellent maps. 
Furthermore, part three, occupying about half of the volume, is 
devoted to a history of the Ohio-Michigan boundary dispute, dis- 
cussed in two scholarly papers, namely: Basis of the Ohio-Michi- 
gan Boundary Dispute, by Arthur M. Schleisinger ; and The Contro- 
versy over the Ohio-Michigan Boundary, by Anna May Soule. Stu- 
dents of Iowa history will find these papers of particular interest 
because of the part played in the boundary dispute by Robert 
Lucas, then Governor of Ohio and later the first Governor of the 
Territory of Iowa. 

Thomas Wakefield Goodspeed is the author of A History of the 
University of Chicago: The First Quarter-Century, which is a 
volume of over five hundred pages recently published by the Uni- 
versity of Chicago Press. The preparing of the way, the incep- 
tion of the plan, the beginning of the movement, the first president, 
the educational plan, first steps in expansion, students and faculty, 
the earlier buildings, the first year, the University and its benefac- 
tors, the second era of buildings, further expansion, a third period 
of building, some important departments, some important events, 
the later buildings of the first quarter-century, and the developing 
University are the titles of the seventeen chapters of the book. 
There are numerous illustrations and portraits. lowans will be 
interested in the statement (pp. 18, 19) concerning the brief 
administration of Alonzo Abernethy as president of the old Uni- 
versity in the late seventies. 

Frances Milton J. Morehouse is the author of a scholarly and 
well-written monograph on The Life of Jesse W. Fell, which ap- 
pears as volume five, number two of the University of Illinois 
Studies in the Social Sciences. As a business man, lawyer, jour- 
nalist, friend of education, and politician Jesse W. Fell always 
played an effective part in the life of his community — namely, 
Bloomington, Illinois — as well as in State affairs, although his 



1(>WA JOURNAL OF HISTORY AND POLITICS 



ixwwl inodosty prevented him from appearing often in the spot- 
lii^lil of i)ul)lie notice. Perhaps he was most widely known for his 
]>nssi()n for the planting of trees. In this connection, it is interest- 
iiii:: (o nolo Uiat in 1869, as the representative of a group of Bloom- 
ington men, he selected and purchased a tract of about forty 
sections of beautiful prairie land in Lyon County, Iowa. During 
tlie succeeding few years as many as two hundred and fifty 
thousand trees were set out on this tract, the work being largely 
superintended by Mr. Fell himself. It was this company which 
laid out the town of Larch wood in Lyon County. 

lOWANA 

An address on The Land Grant College and Preparation for 
Peace, by President Raymond A. Pearson, is printed in The Alum- 
nus of Iowa State College for December. 

In the November issue of The Grinnell Review there is an article 
by James L. Hill entitled Pre-historic College Days: Lost Facts of 
History. The December number is devoted to articles on all 
phases of the athletic history of Grinnell College. 

Masonic Temperance Legislation is an article of current interest 
in the November number of The American Freemason. Antonio 
Lopez de Santa Anna is the author of an article on Masonic High 
Lights of the Struggle for Mexican Independence which appears in 
the October number. 

Advantages under Farm Loan Banks, by John A. Cavanagh ; and 
Banking Legislation Analyzed, by James K. Lynch, are two articles 
in The Northwestern Banker for October. George T. McCandless 
presents Some Views on Politics and Banking in the November 
issue. 

A book entitled Iowa Troops in Mexican Border Service 1916- 
1917 has been compiled and published by Dick Dreyer of Iowa 
City. The book contains photographs of all the officers and com- 
panies, cuts showing views of the camps on the border, and brief 
accounts of the history of every Iowa company. 



SOME PUBLICATIONS 



127 



A new Iowa publication, launched in September, 1916, is The 
Corn Belt Publisher, published at Denison as the official organ of 
the Iowa Press Association. 

Bulletin No. 19, published in 1916 by the Federal Bureau of 
Education contains the report of the survey of the State Higher 
Educational Institutions of Iowa, made under the direction of the 
Commissioner of Education. 

Through a Century of Wonders is the subject of an article by 
Lorenzo D. Van Doran, discussing the life of Wa-be-ne-gew-wes 
an aged Chippewa chief, which appears in the November number of 
Autumn Leaves. In the December issue Joseph E. Freeman is 
the writer of an article on A Century of Sugar Refining in the 
United States. 

The July-September number of the Iowa Library Quarterly 
contains a paper on Literary Iowa, by Johnson Brigham. In the 
October-December issue there is an article entitled A Cycle of 
Stories on Iowa History, by Grace Shellenberger, which is very use- 
ful to teachers, children 's librarians, and others interested in teach- 
ing the local history of Iowa to children. 

A brief sketch of the career of Walter A. Jessup, the new 
President of the State University of Iowa, appears in the October 
number of The Iowa Alumnus. The opening article in the Nov- 
ember issue is one entitled Dean William Craig Wilcox: An 
Appreciation, by W. R. Boyd. Sketches of the life of the late 
Arthur G. Smith appear in the December number, where there is 
also a digest of the Report of the Education Survey conducted 
under the auspices of the United States Bureau of Education, 
at the request of the Iowa State Board of Education. 

Under the title On the Campus, the Torch Press of Cedar Rapids 
has brought out a book of addresses delivered at various times, be- 
fore university and college audiences, by Thomas H. Macbride. The 
book will meet with a hearty welcome from the host of admirers and 
former students of the author. Many of the addresses likewise con- 
tain material of historical value and interest. 



11>S 1(>WA JOUIWAL OP HISTORY AND POLITICS 



Thv November number of American Municipalities contains the 
niimilos of the nineteenth annual meeting of the League of Iowa 
iMunicii)alities held at Dubuque in September, 1916. There is also 
a paper on State Legislation, by J. D. Glasgow. In the December 
number, among other things, there are the following articles : Muni- 
cipal Home Rule, by J. R. Hanna; and Advantages of Serial Bonds, 
by Thomas N. Dysart. 

The October number of the Journal of History, published at Lam- 
oni, Iowa, by the Reorganized Church of Jesus Christ of Latter Day 
Saints, is filled with interesting articles. The Late General Con- 
ference is discussed by Heman C. Smith. An entertaining account 
of The Great Handcart Train from Iowa City to Salt Lake City 
is written by Frederick Hansen. Some Reminiscences are presented 
by Vida E. Smith. A Visit to Nauvoo in 1856 is described by Ed- 
mund C. Briggs. There is also a continuation of the Autobiogra- 
phy of Levi L. Wight, as well as additional installments of other 
materials begun in previous issues. 

Volume twenty-five of the Iowa Geological Survey contains the 
annual report for 1914 with accompanying papers, among which 
are two which possess considerable interest from the standpoint of 
Iowa history, namely : The Pleistocene History of Iowa River Valley 
North and West of Iowa City in Johnson County, by M. M. Leigh- 
ton; and Physicial Features and Geologic History of Des Moines 
Valley, by James H. Lees, 

The Educational Digest is the title of a new Iowa periodical 
published at Anamosa, the first number of which appeared in Sep- 
tember, 1916. ''A Journal for the school board, superintendent, 
principals and teachers" is the sub-title which explains the 
character and purpose of the magazine. Mr. C. T. Benson is the 
managing editor. Among the articles in the first number is one 
by Charles H. Meyerholz entitled Some Ways of Making Civics 
Training Bear Directly for Good on Local Community Condi- 
tions. In the October number may be found some extracts from 
Mrs. Shambaugh's volume on Amana: The Community of True 
Inspiration. Two articles in the December number are : The Puh- 



SOME PUBLICATIONS 



129 



lie Health Movement, by Ellen B. Brogue; and Writing "Iowa — 
Beautiful Land", by Tacitus Hussey. 

The Criminal from the Prison Viewpoint, by James C. Sanders; 
The Lawyer in the Struggle for Democracy, by Charles Pergler ; and 
The Jury and hoiv to Improve It, by Charles M. Dutcher, are papers 
in the Proceedings of the Twenty -second Annual Session of the Iowa 
State Bar Association, edited by H. C. Horack. Some Reminis- 
cences are presented by J. W. Willett. There are also brief bio- 
graphical sketches of the following members of the Association who 
died during the preceding year : Samuel R. Allen, G. W. Alexander, 
George W. Ball, Stephen P. Bawden, Eussell A. Baxter, Rice H. 
Bell, Benjamin P. Birdsall, W. E. Blake, A. N. Boeye, Centenary 
B. Bradshaw, Timothy C. Clary, William Edwin Crum, John Deery, 
0. N. Downs, Thomas J. Fitzpatrick, Louis T. Genung, Charles T. 
Granger, Frank J. Horack, Emory S. Huston, Will E. Johnston, 
John J. Kellogg, James N. Prouty, Wiley S. Rankin, Neal W. 
Rowell, James H. Shields, Oliver Perry Shiras, Craig L. Wright, 
and Ezra Willard. 



SOME RECENT PUBLICATIONS BY IOWA AUTHORS 

Ashbaugh, Ernest J., 

The Arithmetical Skill of Iowa School Children (University 
of Iowa Extension Bulletin, November 1, 1916). 
Babbitt, Charles H., 

Early Days at Council Bluffs. Washington D. C. : Press of 
Byron S. Adams. 1916. 
Beal, Foster Ellenborough Lascelles, 

Common Birds of Southeastern United States in Relation to 
Agriculture. Washington: Government Printing Office. 
1916. 

Betts, George Herbert, 

The Mind and Its Education (Revised edition). New York: 
D. Appleton & Co. 1916. 
Clark, Dan Elbert, 

Historical Activities in the Titans-Mississippi Northwest, 



VOL. XV — 9 



i;>>() IOWA JOUKNAL OF HISTORY AND POLITICS 



1915-1916 (Mississippi Valley Historical Review, Decem- 
ber, 1916). 

Dale, Koberl Burdette, 

Drawing for Builders. New York: Jolin Wiley & Sons. 
1916. 

Downey, E. H., 

The Organization of Workmen's Compensation Insurance 
(Journal of Political Economy, December, 1916). 
Ficke, Arthur Davison, 

Modern Tendencies in Poetry (North American Review, 
September, 1916) ; Sivord of the Samurai (Current Opin- 
ion, October, 1916). 
Fitch, George, 

The Tiuenty-four: Where I Took Them and What They Did 
to Me. Boston: Little, Brown & Co. 1916. 
Garland, Hamlin, 

Lure of the Bugle (Current Opinion, September, 1916). 
Gillette, Halbert Powers, 

Handbook of Bock Excavation, Methods and Cost (Second 
and enlarged edition). New York: Clark Book Co. 1916. 
Glaspell, Susan, 

Trifles. New York : F. Shay. 1916. 
Griffith, Helen Sherman, 

Letty's Springtime. Philadelphia: Penn Publishing Co. 
1916. 

Hillis, Newell Dwight, 

The Story of Phaedrus. New York: The Macmillan Co. 
1916. 

Horack, H. Claude (Editor), 

Proceedings of the Twenty -second Annual Session of the Iowa 
State Bar Association. Iowa City: Iowa State Bar Associa- 
tion. 1916. 

The Dangerous Instrument Doctrine (Yale Law Review, 
January, 1917). 
Hughes, Rupert, 

With the Guard to the Border (Collier's, August 26, 1916). 



SOME PUBLICATIONS 



131 



Hutchinson, Woods, 

WJio Said Rheumatism? (Good Housekeeping, August, 
1916) ; Strength of our Ears (Good Housekeeping, Septem- 
ber, 1916). 
Jessup, Walter A. (Joint author). 

Supervision of Arithmetic. New York: The Macmillan Co. 
1916. 
King, Irving, 

Improvement in Handwriting (Educational Administration 
and Supervision, October, 1916) ; A Tentative Stardardiza- 
tion of Certain ^'Opposite Tests" (Journal of Educational 
Psychology, October, 1916) ; Recent Developments of 
Scientific Method in the Field of Education (Educational 
Administration and Supervision, November, 1916) ; A 
Comparison of Sloiv and Rapid Readers (School and Society 
November 25, 1916). 
Knipe, Alden A. and Emily B., 

Polly Trotter, Patriot. New York: The Macmillan Co. 1916. 
Murphy, Edmund Stephen, 

The Blessed Virgin's Book. Des Moines: Published by the 
author. 1916. 
Norton, Koy, 

The UnJcnown Mr. Kent. New York: George H. Doran Co. 
1916. 

Nutting, Charles Cleveland, 

Remarkable Auroral Display. (Science, October 6, 1916). 
Parrish, Randall, 

^'Contraband" : A Romance of the North Atlantic. Chicago: 
A. C. McClurg & Co. 1916. 
Quaife, Milo M. (Editor), 

The Journals of Captain Meriwether Lewis and Sergeant John 
Ordway. Madison: The State Historical Society of Wis- 
consin. 1916. 
Quick, John Herbert, 

Can any State heat lowaf (American Magazine, July, 1916). 
Richardson, Anna Steese, 

Neiv Faces for Old (McClure's Magazine, September, 1916) ; 
Outside the Law (McClure's Magazine, October, 1916). 



i:]:) ]0\VA JOURNAL OF HISTORY AND POLITICS 



Roberts, George Evan, 

A7nc7nca's Ahility to Make Foreign Investments (Annals of 
the American Academy of Political and Social Science, 
November, 1916). 
Ross, Edward Alsworth, 

Organization of Will (American Journal of Sociology, Sep- 
tember, 1916). 
Sabin, Edwin Legrand, 

With Sam Houston in Texas. Philadelphia : J. B. Lippincott 
Co. 1916. 

The Boy Settler; or, Terry in the New West. New York: 
Thomas Y. Crowell Co. 1916. 
Seerley, Homer Horatio, 

National Aid to Vocational Education (School and Society, 
August 12, 1916). 
Stapp, Emilie Blackmore, 

Little Billy Bowlegs. New York : George H. Doran Co. 1916. 
Steiner, Edward Alfred, 

Nationalizing America. New York and Chicago: Fleming H. 

Revell. 1916. 
Face of the Nation (Survey, November 4, 1916). 
Stevenson, Russell A., 

Principles of Accounting. (Joint author.) Ann Arbor, Michi- 
gan : The Ann Arbor Press. 1916. 
Municipal Accounting (University of Iowa Extension Bulle- 
tin, October 1, 1916). 
Stiles, Edward H. 

Recollections and Sketches of Notahle Lawyers and Puhlic 
Men of Early Iowa. Des Moines : Homestead Publishing Co. 
1916. 

SOME RECENT HISTORICAL ITEMS IN IOWA NEV7SPAPERS 

The Des Moines Register and Leader 

William Rouse Bought Land in Des Moines for Twenty Dollars an 

Acre, October 1, 1916. 
Sixtieth Anniversary of Founding of Younker Brothers' Store, 

October 1, 1916. 



SOME PUBLICATIONS 



133 



Steaming do\^Ti the Mississippi in the Days of Long Ago, October 
1, 1916. 

Sketch of the life of Dean W. C. Wilcox, October 6, 1916. 
Sketch of the life of Mrs. Anna Ankeny, October 8, 1916. 
An Estimate of Herbert C. Hoover, October 15, 1916. 
Meredith — A Story of Real Success, October 15, 1916. 
Career of James J. Doty, October 15, 1916. 
Creative Artists in Iowa, October 29, 1916, and following Sunday 
issues. 

Oldest Log Cabin in Des Moines Home of Mrs. S. Stutsman, Octo- 
ber 29, 1916. 

The "Winnebago Indians in Northeast Iowa, by E. E. Fallows, No- 
vember 26, 1916. 

Career of Governor George W. Clarke, December 17, 1916. 

Senator James H. Wilson's Old Home Visited by Alex Miller, 
December 24, 1916. 

Tacitus Hussey Recalls Early Christmas in Des Moines, December 
24, 1916. 

Miscellaneous 

Fortieth Anniversary Celebration at Elk Grove Church, in the 

Kensett News, October 5, 1916. 
History of the Mormon Trail, in the Council Blujfs Nonpareil, 

October 8, 1916. 

Sketch of the life of Daniel H. Morrison, in the Oakland Acorn, 

October 11, 1916. 
Sketch of the life of Mary E. Conaway, in the Brooklyn Chronicle, 

October 12, 1916. 
Sketch of the life of Eli C. Perkins, in the Hopkinton Leader, 

October 12, 1916. 
Sketch of the life of Daniel Kerr, in the Grundy Center Democrat, 

October 12, 1916. 
Gathering of Pioneers at Maquoketa, in the Maquoketa Sentinel, 

October 18, 1916. 
Some Notes of Pioneer Days, in the Anamosa Eureka, October 19, 

1916. 

Younker Brothers — Sixty Years in Business in Iowa, in the Des 
Moines Plain Talk, October 19, 1916. 



IOWA JOUKNAL OP HISTORY AND POLITIOS 



Eai-ly Iowa History Recalled, in the Des Moines Tribune, October 
20, 11)16. 

The Grimes Centenary, in the Burlington Hawk-Eye, October 20, 
1916. 

Steamboats and Steamboatmen of the Upper Mississippi, by George 
B. Merrick, running in the Burlington Post. 

Sketches of the lives of Mr. and Mrs. D. J. Palmer, in the Wash- 
ington Press, October 25, 1916. 

Sketch of the life of S. M. Clark, in the Keosauqua Republican, 
October 26, 1916. 

The Blizzard of 1880, in the Mapleton Press, November 2, 1916. 

The Frontier Sketches, running in the Burlington Post. 

The Old Boats, in the Burlington Post, November 4, December 
16, 1916. 

The High Cost of Living in 1857, in the Swea City £rem?(i/ Novem- 
ber 9, 1916. 

Sketch of the life of William Riddle, in the Des Moines Plain TaVky 
November 9, 1916. 

Early Indian History of Iowa, by Edgar R. Harlan, in the Des 
Moinss Capital, November 10, 1916. 

Old Settlers of Jasper County, in the Kellogg Enterprise, Novem- 
ber 10, 1916. 

Sketch of the life of W. W. Witmer, in the Des Moines Capital, 

November 11, 1916. 
Indian Settlement Gave Rise to Name "Des Moines" Adopted by 

the French, in the Des Moines Capital, November 13, 1916. 
Pioneer History of Floyd County, running in the Lithograph City 

Enterprise. 

Recollections of Pioneer Days, by W. H. H. Barker, in the Knox- 
ville Express, November 15, 22, 1916. 

A Log School-house Eighty Years Ago, in the Des Moines Plain 
Talk, November 16, 1916. 

Frank 0. Lowden — From an Iowa Prairie Cabin to the Governor's 
Mansion at Springfield, in the Waverly Independent, Novem- 
ber 16, 1916. 

Pioneer Days in Clarinda and Vicinity, in the Clarinda Journal, 
November 16, 1916. 



SOME PUBLICATIONS 



135 



Sketch of the life of Edward 0. Plumbe, in the Boch Valley Bee, 

November 17, 1916. 
Pioneer Days Kecalled, by Frank Wortman, in the Kimballton 

Record, November 17, 1916. 
Sketch of the life of James F. O'Brien, in the Waterloo Courier, 

November 22, 1916. 
Sketch of the life of James H. Wilson, in the Des Moines Plain Talk, 

November 23, 1916. 
History of Thanksgiving Day, in the Prescott Argus, November 

24, 1916. 

First Monument Erected to Soldiers of Civil War, in the Dubuque 

Telegraph-Herald, November 26, 1916. 
Early History of Jefferson County and its First Settlers, by Hiram 

Heaton, in the Fairfield Ledger, November 29, December 6, 

13, 1916. 

Letter from Dr. E. E. Hutchins, in the Des Moines Plain Talk, 
November 30, 1916. 

Historical ]\Ionuments of the Upper Des Moines, by C. L. Lucas, 
in the Madrid Register-News, November 30, 1916. 

The Old Capitol at Iowa City, in the Cedar Rapids Republican, 
December 1, 1916. 

General J. H. Knapp, First Settler at Fort Madison, in the Fort 
Madison Democrat, December 2, 1916. 

Sketch of the life of J. B. Carter, in the Shenandoah Sentinel-Post, 
December 4, 1916. 

Edgar Allen Poe and Oquawka, in the Des Moines Capital, Decem- 
ber 4, 1916. 

Sketch of the life of E. W. Sargent, in the Le Mars Sentinel, 

December 5, 1916. 
Pioneer Hardships, in the Knoxville Express, December 6, 1916. 
Harvey Smith Drove Cattle Across Plains, in the Council Blujfs 

Nonpareil, December 7, 1916. 
Sketch of the life of Newton Jasper Harris, in the Des Moines Plain 

Talk, December 7, 1916. 
Sketch of the life of John M. Phipps of Fremont County, in the 

Council Blujfs Nonpareil, December 12, 1916. 
The Biggest Cargo on the Des Moines River, in the Des Moines 

Plain Talk, December 7, 1916. 



\ 



IOWA JOURNAL OF HISTORY AND POLITICS 



Iowa 's Anniversary, in the Clinton Advertiser^ December 13, 1916. 
First IMurdor Trial in Iowa, in the Spencer News, December 13, 
1916. 

An Indian Scare on Christmas Eve, in 1855, by C. L. Lucas, in the 

Madrid Register-News, December 14, 1916. 
When Iowa City was a Station on the Old Mormon Trail, in the 

Iowa City Press, December 14, 1916. 
When the First Railroad Train Came to Iowa City, in the Iowa 

City Press, December 14, 1916. 
John Brown's Visit to Iowa City in Early Day, in the Iowa City 

Press, December 14, 1916. 
C. W. Walker Recalls Early Winter, in the Elgin Echo, December 

14, 1916. 

Wlien Cedar Rapids was a Small Hamlet, in the Lisbon Herald, 
December 14, 1916. 

Some Prices of 1848, in the Wayland News, December 14, 1916. 

Sketch of the life of William Downing, in the Washington Demo- 
crat, December 19, 1916. 

Governor Kirkwood's Birthday, in the Iowa City Citizen, December 
20, 1916. 

Passing of the Old Mills, in the Knoxville Express, December 20, 
1916. 

How Pioneers Made Cloth and Clothes, in the Knoxville Express, 

December 20, 1916. 
Blizzards in Early Iowa, in the Knoxville Express, December 20, 

1916. 

John Brown in Iowa, in the Oxford Leader, December 21, 1916. 
Settlers Attacked by Wolves in Early Days, in the Beinheck 

Courier, December 22, 1916. 
A Voyage on the Steamer Jeanie Deans Down the Des Moines and 

Mississippi, in the Des Moines Plain Talk, December 28, 1916. 
Iowa: A State of Seventy Years, in the Des Moines Plain Talk, 

December 28, 1916. 
Richard Scarrem, a Revolutionary Soldier Buried in Iowa, in the 

Eddyville Booster, December 28, 1916. 
First Settlement Made at Keokuk Nearly a Century Ago, in the 

Daily Gate City, December 29, 1916. 



HISTORICAL SOCIETIES 



PUBLICATIONS 

The Wisconsin Archeologist for October is taken up witli a study 
of Indian Remains in Waushara County, by George R. Fox and 
E. C. Tagatz. 

The April- July number of the Quarterly Publication of the His- 
torical and Philosophical Society of Ohio contains a reprint of 
Gorham A. Worth's Recollections of Cincinnati, originally pub- 
lished at Albany, New York, in 1851. There is an introductory 
note by L. B. Hamlin. 

A pamphlet on Historical Pageantry: A Treatise and a Bib- 
liography, compiled by Ethel T. Rockwell, was published by the 
State Historical Society of Wisconsin in July. 

An article of general interest which is to be found in The New 
England Historical and Genealogical Register for October is one 
by J. R. Hutchinson on The ^'Mayflower'' Her Identity and Ton- 
nage. 

In the Proceedings of the Bunker Hill Monument Association 
for 1916 there is an address by Brooks Adams on The Incoherence 
of American Democracy. 

Two articles which appear in the Proceedings of the New Jersey 
Historical Society for April are the following : The Old Barracks 
at Trenton, by Edwin Robert Walker; and The Beginnings of the 
Morris & Essex Railroad, by Joseph F. Folsom. 

The principal article in The Medford Historical Register for 
July is one by Moses W. Mann on Two Medford Buildings of 
the Fifties. 

Some Letters to General Greene and Others, annotated by 
Joseph W. Barnwell; and a continuation of the Order Book of 

137 



i:iS lOAVA JOURNAL OF HISTORY AND POLITICS 



Joint Fauclirraud Grimke are among the contents of the April 
miniber of The South Carolina Historical and Genealogical Maga- 
zine. 

Under the heading of Museum Illustrating the History of the 
Slafc the Rhode Ishnnd Historical Society has published a pam- 
phk't describing the collections of the Society. 

Two volumes of the Collections of the Maine Historical Society 
published during the year 1916 contain additional papers and 
documents from The Baxter Manuscripts, edited by James Phin- 
ney Baxter. These papers throw much light on the difficulties con- 
fronting the people of Maine after the close of the Revolutionary 
War. 

The Annals of the Georgia Historical Society for the year 
ending February 16, 1916, contains among others things a Biblio- 
graphy of the Georgia Historical Society, and a list of unpublished 
manuscripts. 

Among the articles in The New York Genealogical and Biograph- 
ical Record for July are the following: James Junius Goodwin, 
by Richard H. Greene; George Austin Morrison, by John R. Tot- 
ten; The Millard Ancestry of Fresident Fillmore, by Franklin H. 
Giddings; and Myles Standish, by Clarence W. Bo wen. 

Among the contributions in the May-August number of the Ger- 
7nan American Annals is a brief biographical sketch of the life of 
Johann Heinrich Miller, by Charles Frederick Dapp. 

La Saint-Jean-Baptiste, 1639-1836, by Benjamin Suite; The 
Economic Effect of War upon Canada, by Adam Shortt ; The Re- 
fugee Loyalists of Connecticut, by W. H. Siebert ; and An Histori- 
cal War Crop — The Canadian Wheat Crop of 1915, by C. C. 
James, are articles in the Transactions of the Royal Society of 
Canada for June. 

History of the Catholic Summer School of America, by Morgan 
M. Sheedy ; The Capuchins in Acadia and Northern Maine, by John 
Lenhart; and chapter twenty-one of Martin L J. Griffin's study of 
The Life of Bishop Conwell are among the contributions in the 



HISTORICAL SOCIETIES 139 



December number of the Records of the American Catholic Histori- 
cal Society. 

H. C. Duncan is the writer of an article on Monroe County in 
the Mexican War which occupies the opening pages of the In- 
diana Magazine of History for December. Then follows the con- 
cluding installment of Harold Littell's study of the Development 
of the City School System of Indiana — 1851-1880. John Poucher 
discusses the Social Effects of the Monon Railway in Indiana. ^ Two 
other articles are : Catholic Education in Indiana; Past and Pre- 
sent, by Mrs. Elizabeth Denehie; and Grand Prairie Harmonical 
Institute, by Harry Evans. 

The October number of the Historical Collections of the Essex 
Institute opens with a continuation of Francis B. C. Bradlee's 
discussion of The Eastern Railroad: A Historical Account of 
Early Railroading in Eastern New England. There is also another 
installment of an article on The Lee Family of Marhlehead, by 
Thomas Amory Lee. 

In volume twenty-six, part one of the Proceedings of the 
American Antiquarian Society will be found the following con- 
tributions: Cotton Mather's Scientific Communications to the 
Royal Society, by George Lyman Kittredge; Extracts from the 
Diaries and Accounts of Isaiah Thomas from the Year 1782 to 
1804 and his Diary for 1808, edited by Charles L. Nichols ; a con- 
tinuation of the Bibliography of American Newspapers, 1690-1820, 
by Clarence S. Brigham; and some Vocabularies from the North- 
west Coast of America, edited by Franz Boas. 

A large portion of the Ohio Archaeological and Historical Quar- 
terly for October is occupied with addresses delivered at the dedi- 
cation of the Hayes Memorial Building at Spiegel Grove, Fremont, 
Ohio, on May 30, 1916. There is also an extended biographical 
sketch of Rarey, the Horse's Master and Friend, by Sara Lowe 
Brown. 

A sketch of the career of Joshua Humphreys, written by his 
great-grandson, Henry H. Humphreys, appears in the October nuiu- 



110 lOAVA JOURNAL OF HISTORY AND POLITICS 



\)cr of The Pennsylvania Magazine of History and Biography 
uiulor llio title Who Built the First United States Navyf 0. G. 
SDimock is the writer of a paper on The First Edition of ''Hail 
C()Ju))ihia/\ Among some Letters Selected from the Ferdinand J. 
Drccr Collection of Manuscripts are letters written by George Wash- 
ington, Nathaniel Greene, Edward Hand, and others. There is 
considerable of interest in some Extracts from the ''Book of 
Pliisich" of William Penn. 

Oddities in Early Elinois Laws, by Joseph J. Thompson; 
The Pacification of the Indians of Illinois after the War of 1812, 
by Lizzie M. Brown; Lincoln at Galeshurg, by Joseph F. Evans; 
and Personal Reminiscences of Mr. Lincoln, by John W. Vinson; 
and John Cook, Pioneer Settler of Illinois are among the articles 
in the Journal of the Illinois State Historical Society for January, 
1916. 

Continuations of Extracts from the Diary of James Parker 
of Shirley, Mass., and of the Reminiscences of John Davidson, 
a Maine Pioneer, are to be found in the July number of The New 
England Historical and Genealogical Register. There is also a 
communication relative to The Redeemed Captives of 1747, by 
George Walter Chamberlain. 

Continuations of the Journal of the Committee of Observation of 
The Middle District of Frederick County, Maryland, from Septem- 
ber 12, 1775, to October 24, 1776; and Extracts from the Carroll 
Papers are to be found in the December number of the Maryland 
Historical Magazine. The concluding installment of Uriah Brown's 
Journal also appears in this number. 

A Pioneer of the Spokane Country is the heading given to 
some interesting reminiscences by John E. Smith, which appear in 
The Washington Historical Quarterly for October. Alaska under 
the Russians — Industry, Trade and Social Life is the title of the 
second of two articles by C. L. Andrews, the first of which ap- 
peared in the Quarterly for July, 1916. Two other papers are: 
Black Tamanous, the Secret Society of the Clallam Indians, by 
Johnson Williams; and Mullen Road, by Henry L. Talkington. 



HISTORICAL SOCIETIES 



141 



There is also another installment of the Diary of Colonel and Mrs. 
I. N. Ehey, edited by Victor J. Farrar. 

Among the many papers in volume fourteen of the Proceedings 
of the New York State Historical Association the following are 
perhaps of the greatest general interest: The Interpretation of 
History, by Grenville M. Ingalsbe; Forts and Block Houses in 
the Mohawk Valley, by Nellis M. Crouse; Baron Steuben, at Home, 
at Rest, in Oneida County, by Dana W. Bigelow; Indian Raids 
in the Mohaivk Valley, by Wm. H. Beauchamp; The Battle of 
Oriskany, by Henry J. Cookinham; and The Home and Name of 
General Herkimer, by Nelson Greene. 

An interesting address on Teaching War and Peace in American 
History, by Andrew C. McLaughlin, occupies first place in The 
History Teacher's Magazine for October. Two Views Regarding 
Historical Fiction are presented by Elbridge Colby and Kate M. 
Munro; while Teaching the History of the Neiv South is the sub- 
ject discussed by St. George L. Sioussat. A brief account of the 
Mankato Historical Pageant, July 4, 1916, is written by Clara E. 
Willard. Among the articles in the November number are: 
Geographical versus Sequential History, by E. P. Humphrey; and 
Industrial History in the Standard High School Course, by Ray- 
mond G. Taylor. A paper on The World War and the Historians, 
by Frank Maloy Anderson, appears in the December number. 

The opening article in The American Historical Revieiv for Oct- 
ober is one by H. Vander Linden on Alexander VI and the Demar- 
cation of the Maritime and Colonial Domains of Spain and Portu- 
gal, 1493-1494. Albert B. Faust discusses Swiss Emigration to 
the Araerican Colonies in the Eighteenth Century and is the contri- 
butor of a number of documents on the subject. An interesting 
paper on The Growth of Nationalism in the British Empire is pre- 
sented by George M. Wrong. The Influence of Manufacturers upon 
Political Sentiment in the United States from 1820 to 1860 is the 
subject of a paper by Victor S. Clark. Of particular interest to 
students of western history is Frederic L. Paxson's excellent article 
on The Cow Country. Charles E. Chapman is the writer of a brief 



M2 IOWA JOURNAL OF HISTORY AND POLITICS 



.icrouiil of TJic American Congress of Bibliography and History at 
llmnos Aires. Among the ''Notes and Sugg^estions " is one on 
(i( rri/ and the Presidential Succession in 1813, by Henry Barrett 

A\)lunie eight of the South Dakota Historical Collections is a book 
(-f about six hundred pages, all but one hundred of which are devot- 
ed to Official Correspondence Pertaining to the War of the Outbreak, 
1862-1S65. Much data relating to the activities of two regiments 
of Iowa cavalry will be found in this correspondence. In the first 
part of the volume appear the following papers: Recollections of 
Early Opportunities for an Education in the Territory of Dakota, 
by Frank Trumbo; John Thompson's Nerve, by 0. S. Thompson; 
Beginning in Day County, by A. C. Roberts; Surveying under Diffi- 
cidties, by J. E. Ziebach; Along the Upper Missouri in the Seven- 
ties, by Charles F. Hackett ; Progress of South Dakota in 1914 and 
1915, by Doane Robinson; and an illustrated account of Dakota 
Military Posts. 

The following papers appear in The Mississippi Valley Historical 
Review for September : Some Verendrye Enigmas, by Orin G. Lib- 
by; The Function of Military History, by A. L. Conger; The Or- 
ganization of the British Fur Trade, 1760-1800, by Wayne E. Stev- 
ens ; and Historical Activities in Canada, 1915-1916, by Lawrence J. 
Burpee. The "Notes and Documents" contain a brief autobiograph- 
ical account of James Corbin, a soldier of Fort Dearborn, with in- 
troduction and notes by Milo M. Quaife. The following articles 
are published in the December number: Effects of Secession upon 
the Commerce of the Mississippi Valley, by E. Merton Coulter; 
Alabama and the Federal Government: The Creek Indian Contro- 
versy, by Theodore H. Jack ; John Johnson, Loyalist, by Mabel 
Gregory Walker; Historical Activities in the Trans-Mississippi 
Northivest, 1915-1916, by Dan Elbert Clark; and Additional Ver- 
endrye Material, presented in the form of a symposium by Doane 
Robinson, Charles E. DeLand, and Orin G. Libby. 



HISTORICAL SOCIETIES 



143 



Among the papers, addresses, and other contributions in the 
Proceedings of the 3Iassachusetts Historical Society, volume forty- 
nine, are the following: Memior of William Everett, by James 
Seliouler; Du Pont, Talleyrand, and the French Spoliations, by 
Samuel E. Morison ;il/cmoiV of Lucien Carr, by William Roseoe 
Thayer; Letters of Goldwin Smith to Charles Elliot Norton, 1863- 
1872, contributed by Sara Norton; Letters of John Brazer Davis, 
1819-1831, edited by Worthington C. Ford ; Contemporaneous Opin- 
ion, by Winslow Warren ; Historic Doubts on the Battle of Lexing- 
ton, by Harold Murdock; Memoir of John Chipman Gray, by Rol- 
and Gray; Journal of Josiah Quincy, Junior, 1773, contributed by 
]\Iark Antony D. Howe ; and Memoir of Frederic Ward Putnam, by 
Alfred M. Tozzer. 

Governmental Reorganization, a Constitutional Need in Tennes- 
see is the subject of a paper by Wallace McClure which opens the 
Tennessee Historical Magazine for June. Asa E. Martin describes 
the Anti-slavery Activities of the Methodist Episcopal Church; 
R. B. C. Howell discusses the Early Corporate Limits of Nashville; 
and J. A. Trousdale is the writer of A History of the Life of 
General William Trousdale. In the September number may be 
found an excellent paper on Richard Henderson: The Authorship 
of the Cuml)erland Compact and the Founding of Nashville, by 
Archibald Henderson; a scholarly monograph on The Slave Laws 
of Tennessee, by H. M. Henry; and a brief sketch of the life of 
Andreiv Greer, by John T. McGill. In both numbers are install- 
ments of the Papers of Major John P. Heiss, edited with intro- 
duction and notes by St. George L. Sioussat. 

ACTIVITIES 

Mrs. May P. Montgomery presented a report on the marking of 
historic sites at the meeting of the Historical Society of Marshall 
County in November. 

A paper by Hiram Heaton, which provoked considerable discus- 
sion, was the chief feature of the meeting of the Jefferson County 
Historical Society held on December 6th at Fairfield. 



144 IOWA JOIIJINAL OP HISTORY AND POLITICS 



Tlic Ohio Valley Historical Association held its tenth annual 
moolinjj: at Indianapolis on October 4 and 5, 1916, in connection 
with the Indiana State Centennial Celebration. Among the papers 
and addresses was one entitled A Lost Opportunity : Internal Im- 
provements, by Worthington C. Ford. 

The annual meeting of the Kossuth County Historical Society 
was held at Algona on Thursday evening, December 14th. Among 
the papers read at that time were : Excitement While Building the 
Fort at Irvington in 1857, by 0. W. Robinson ; and an account of 
the founding of the town of Cresco, by W. D. Eaton. The directors 
whose terms expired at this time were reelected. 

The fortieth annual meeting of the Nebraska State Historical 
Society, the twenty-fifth annual meeting of Nebraska Territorial 
Pioneers 'Association, and the sixth annual meeting of the Nebraska 
Memorial Association w^ere held at Lincoln on January 10 and 11, 
1917. 

Curator Edgar R. Harlan of the Historical Department of Iowa 
cooperated with the Town Planning Committee of Des Moines dur- 
ing the fall in choosing suitable names with a local historical sig- 
nificance for the new driveways in the proposed boulevard system 
for Des Moines. Mr. Harlan has also given much attention to the 
plans for the historical film production to be called "The Wild 
Rose of Iowa". 

A special meeting of the Illinois State Historical Society was 
held at Springfield on December 7, 1916, to celebrate the ninety- 
eighth anniversary of the admission of Illinois into the Union. At 
the same time there was a conference of representatives of local 
historical societies in Illinois. 

The Maryland Historical Society is to have a new home if present 
plans come to fruition. At the October meeting of the Society Mrs. 
H. Irvine Keyser offered to give the Society a well-located lot and 
suitable building as a memorial to her husband. In addition to 
the four-story building now standing on the property Mrs. Keyser 
made known her intention to build for the Society a fireproof annex 
in which to house its library and portrait gallery. 



HISTORICAL SOCIETIES 



145 



The State Historical Society of Wisconsin has recently come into 
the possession of the estate of the late George B. Burrows, the value 
of which is estimated to exceed $250,000. "While the income from 
this estate is at present not large, it will enable the Society to launch 
into lines of activity hitherto impracticable because of lack of funds. 

At a meeting held at Osceola late in November the Clarke County 
Historical Society was permanently organized. The following are 
the officers for the coming year: Miss Nellie Richards, president; - 
Mrs. John Boden, vice president; Mrs. T. Wall, secretary; and 
Mrs. Archie Wade, treasurer. 

The American Historical Association and the American Political 
Science Association held their annual meetings at Cincinnati on 
December 27-30, 1916. The Mississippi Valley Historical Asso- 
ciation also held its midwinter meeting at this time, beginning 
with a dinner in the evening of December 26th, when informal 
reports were presented by the various committees. A joint meeting 
on the afternoon of December 29th was devoted to papers relating 
to various phases of western history. 

At the October meeting of the Allamakee County Historical and 
Archaeological Society, Mr. Ellison Orr reported that plans had 
been made by the Waukon Public Library to provide shelves for 
more than one hundred volumes of newspapers covering the past 
fifty years of the history of the county. These papers have been 
preserved by Mr. A. M. May, the secretary of the Society. At the 
November meeting a resolution was adopted to the effect that the 
Waukon Public Library should be made the official depository of the 
Society's collections until other quarters should be provided. An 
interesting feature of the December meeting was the narration by 
Mr. Ellison Orr of some reminiscences related to him by Mr. H. B. 
Miner, a pioneer who came to Allamakee County in 1856. 

THE STATE HISTORICAL SOCIETY OF IOWA 

Dr. John C. Parish, for many years a member of the staff of the 
Society, has served during the past fall as a member of a committee 
chosen to administer the affairs of Colorado College during the va- 

VOL. XV — 10 



141) IOWA JOUKNAL OF HISTORY AND POLITICS 

eauey in the presidency of the institution. Dr. Parish is at the 
liead of the history department in Colorado College. 

Dr. E. II. Downey, formerly a member of the research staff of 
tlie Society, is the author of an article on The Organization of Work- 
men's Compensation Insurance which appeared in the December 
number of the Journal of Political Economy. 

The Superintendent of the Society, Dr. Benj. F. Shambaugh, 
delivered an address before the Iowa Library Association at Colfax 
on October 13th, on the preservation of materials for State and local 
history in the public libraries of Iowa. 

A paper on The Teaching of State and Local History in the 
Schools of Iowa was read before the Social Science Section of the 
Iowa State Teachers' Association on November 3, 1916, by Dan E. 
Clark, Associate Editor in the Society. 

On September 30, 1916, occurred the dedication of the Pullman 
Free School of Manual Training in Chicago. The Principal of this 
institution is Dr. Laenas G. Weld, who for many years was a mem- 
ber of the Board of Curators of The State Historical Society of 
Iowa. 

The Society will soon distribute volume three in the loiva Applied 
History Series y which is a book of over seven hundred pages devoted 
to the general subject of Statute Law-making in loiva. The work 
is the result of cooperative research in which practically the entire 
research staff of the Society participated, under the direction of 
the Superintendent and Editor, Dr. Benj. F. Shambaugh. The 
following papers, dealing with various phases of the subject, appear 
in the volume : History and Organization of the Legislature in loiva, 
by John E. Briggs; Law-making Poivers of the Legislature in Iowa, 
by Benj. F. Shambaugh; Methods of Statute Law-making in Iowa, 
by 0. K. Patton; Form and Language of Statutes in Iowa, by Jacob 
Van der Zee; Codification of Statute Laiv in Iowa, by Dan B. 
Clark; Interpretation and Construction of Statutes in Iowa, by 0. 
K. Patton; The Drafting of Statutes, by Jacob Van der Zee; The 
Committee System, by Frank E. Horack; and Some Abuses Con- 
nected with Statute Law-making, by Ivan L. Pollock. 



HISTORICAL SOCIETIES 



147 



The following persons have recently been elected to membership 
in the Society: Mr. H. L. Johnson, Dexter, Iowa; Mr. A. A. Wood, 
Laurens, Iowa ; Mr. A. H. Cummings, Mason City, Iowa ; Mr. Jno. 
W. Foster, Guthrie Center Iowa; Mrs. C. F. Johnston, Sheffield, 
Iowa ; Miss Etna Lemon, Guthrie Center, Iowa ; Rabbi Eugene 
Mannheimer, Des IMoines, Iowa; Mr. J. H. Moore, Guthrie Center, 
Iowa; Mr. W. J. Pilkington, Des Moines, Iowa; Mr. I. W. Sham- 
baugli, Clarinda, Iowa; Mr. Arthur F. Allen, Sioux City, Iowa; 
Mr. 0. G. Boisseau, Holden, Missouri; Rev. Harry Burton Boyd, 
Iowa City, Iowa; Miss Zada M. Cooper, low^a City, Iowa; Mr. J. 
C. Grason, Council Bluffs, Iowa; Mr. Charles Grilk, Davenport, 
Iowa ; j\Ir. P. C. Holdoegel, Rockwell City, Iowa ; Mr. Harry Eu- 
gene Kelh% Chicago, Illinois ; Mr. T. A. Kingland, Lake Mills, Iowa ; 
Mr. K. M. LeCompte, Corydon, Iowa; Mr. W. D. Miller, Ogden, 
Iowa; Mr. Elmer E. Mitchell, New Sharon, Iowa; Mr. W. P. 
Mj^ers, Ottumwa, Iowa; Mr. A. V. Proudfoot, Indianola, Iowa; 
Mr. Francis W. Smith, Iowa City, Iowa; Mr. Stanley R. Smith, 
Tripoli, Iowa ; Mr. J. E. Wichman, Garner, Iowa ; Mr. J. R. Frailey, 
Fort Madison, Iowa; Mr. John Wallace Cooper, Davenport, Iowa; 
Mr. William R. Daum, Ottumwa, Iowa; Mr. Ben Edwards, Ames, 
Iowa; Mr. T. P. Harrington, Algona, Iowa; Mr. A. W. Jackson, 
Stanwood Iowa; Mr. L. W. Mansfield, Cedar Rapids, Iowa; Mrs. 
H. L. Monty, North McGregor, Iowa; Dr. R. C. Norman, Lawler, 
Iowa; Mr. W. C. Shepard, Allison, Iowa; and Mr. W. H Stowe, 
Fort Dodge, Iowa. 



NOTES AND COMMENT 



A movement is on foot to erect a monument near Story City, 
Iowa, on the spot where it is said once stood the first Norwegian 
church built west of the Mississippi River. 

About the middle of October occurred the death of Mrs. Henry 
Clay Dean, at the age of ninety. Her husband was one of the 
most interesting characters in Iowa during the Civil War period, 
being widely know^n for his gifts as a speaker. 

A number of citizens of Des Moines are interested in a plan 
to erect a monument to Thomas Jefferson in that city near where 
the Jefferson Highway crosses the Seventh Street viaduct. 

On December 6th occurred the death of J. M. Mulroney at Fort 
Dodge Mr. Mulroney traveled on foot to California in 1850, but 
returned to Palo Alto County, low-a, in 1857. Later he located 
at Fort Dodge, where he became interested in banking and railroad 
building. 

A "Publicity Week" was conducted by the Chariton Public 
Library about the middle of Novem^ber, one day being devoted to 
a display of books and materials relating to Iowa. The library 
now maintains a historical room. 

Guy A. Feely of Waterloo died on November 4th at the age of 
forty-one. Mr. Feely was born in Black Hawk County, was grad- 
uated from the Law College of the State University of Iowa in 
1901, and became a prominent member of the bar of his native 
county. He was a member of the House of Representatives in the 
Thirty-second and Thirty-third General Assemblies and at the 
latter session he served as Speaker of the House 

The Open Fire Chapter of the Daughters of the American Revo- 
lution at Eldora is taking a very active interest in the marking 
of historic spots in Hardin County. Plans are being made v^hich, 

148 



NOTES AND COMMENT 



149 



when carried out, will leave for future generations a permanent, 
visible record of many of the interesting events in the pioneer 
history of the county. 

The seventieth anniversary of the admission of Iowa into the 
Union occurred on December 28, 1916, and passed without any 
notable public observance. The newspapers of the State, how- 
ever, quite generally took notice of the day. In New York City 
the event was celebrated by a joint banquet of the Iowa Society of 
New York and the Iowa New Yorkers at the Hotel Astor. 

The eighteenth annual meeting of the Iowa Conference of Char- 
ities and Correction w^as held at Ottumwa on October 22-24, 1916. 
At this time provision was made for the appointment of a legislative 
committee to cooperate with other agencies in the effort to secure 
needed social legislation. 

James H. Wilson, popularly known in Iowa as Prairie Jim 
Wilson", died in Washington, D. C, on November 21, 1916. Mr. 
Wilson was born in New York in 1846, served during the Civil 
War in a New York regiment, and came to Iowa about 1865, lo- 
cating in Adair County. He was for several years a trustee of 
the Iowa State College of Agriculture and Mechanic Arts; and at 
the time of his death was a member of the State Board of Railroad 
Commissioners, which position he had held since 1914. 

During the past few months newspapers in various parts of the 
State have given their hearty approval to a suggestion that the 
General Assembly should appropriate a sum of money sufficient 
to fireproof the Old Stone Capitol Building at Iowa City. The old 
building is rightly regarded as the greatest historical monument 
within the boundaries of Iowa, and the desirability of its permanent 
preservation is coming to be generally recognized. 

The Marshalltown Times- Republican of November 8th suggests 
the desirability of a semi-annual journal devoted to county history 
and politics ''We are losing a great deal of valuable history", 
says the editor, ''by the departure to the far country of those who 
helped to make it and of which no written record exists. The 



150 IOWA JOURNAL OF HISTORY AND POLITICS 



files of sucli a publication would be literally invaluable as a record 
oT the real development of the counties." 

Iowa Day was observed at the State University of Iowa on Oct- 
ober 20, 1916, by an assembly. Preceding an address on Practical 
Citizenship, by Allen D. Albert, brief remarks were made on The 
Historian's loiva, by Benj. F. Sbambaugh; The Geologist's Iowa 
by George F. Kay; The Schoolman's Iowa, by Robert E. Rienow: 
and The Writer's loiva, by John T. Frederick. 

Senator Eli C. Perkins, a member of The State Historical Societj 
of Iowa, died at his home at Delhi on October 11, 1916. Mr. Perkinj 
was born in Maine in 1850 and came to Iowa during his youth. Ht 
graduated from Lenox College in 1875 and from the Law Collegt 
of the State University of Iowa in 1879. He was county attorney 
of Delaware County from 1887 until 1893. In 1908 he was electee 
to a seat in the lower house of the General Assembly, where he 
served for two terms, and was then elected State Senator. No doubi 
the greatest memorial to the legislative services of Senator Perkins 
will be the benefits derived by the crippled children of Iowa througl 
medical treatment received at Iowa City in accordance with the 
terms of the so-called ''Perkins Act". 

Daniel Kerr, a former member of the General Assembly of lowg 
and a Congressman from this State from 1887 to 1891, died at his 
home in Grundy Center on October 8, 1916. Mr. Kerr was born ir 
Scotland in 1836, and removed to Illinois when five years of age, 
He served in an Illinois regiment during the Civil War, and latei 
was elected to the Illinois legislature. In 1870 he removed to Grun- 
dy Center, Iowa, where the remainder of his life was spent. 

The death of Arthur George Smith at his home in Iowa City on 
November 5, 1916, took from the faculty of the State University oi 
Iowa one of its best loved members. Professor Smith w^as born in 
Wayne County, Iowa, on November 28, 1868. He graduated from 
the State University in 1891, and four years later received the de- 
gree of Master of Arts. After studying abroad, both in Germany 
and England, he became permanently connected with the depart- 
ment of mathematics at the State University of Iowa. He was pro- 



NOTES AND COMMENT 



151 



moted from time to time, until in 1911 he became head of the depart- 
ment of mathematics and astronomy. Aside from his very success- 
ful work as teacher, Professor Smith will long be remembered in 
educational circles for his strong influence in the interest of clean 
athletics in the colleges and universities of the Middle West. 

William Craig Wilcox, Dean of the College of Liberal Arts of the 
State University of Iowa, died at his home in Iowa City on October 
5, 1916, after a long illness. He was born at Pittsfield, Massachu- 
setts, on January 16, 1867. After an education in the common 
schools he entered the University of Rochester, from which he re- 
ceived the degrees of B. A. and M. A. In 1894, after spending two 
years as Fellow in Political Science at the University of Chicago, he 
accepted an appointment as professor of history at the State Univer- 
sity of low^a. He became head of the department of history in 1904, 
a position which he continued to hold until the time of his death. 
Since 1909 he was also Dean of the College of Liberal Arts, the 
duties of which office he performed with eminent success in the 
midst of many trials. Dean Wilcox was long a member of The 
State Historical Society of Iowa, and from 1903 to 1905 was a mem- 
ber of the Board of Curators. He was a splendid teacher, a wise 
and successful administrator, and a citizen held in high esteem 
and affection by a host of friends — not only among his associates in 
the University but throughout the State of Iowa where he was 
widely known. 



■I 



CONTRIBUTORS 

Ivan L. Pollock^ Assistant in Political Science in the State 
University of Iowa. Born in Jefferson County, Iowa, in 1887. 
Graduated from Parsons College in 1910. Received the de- 
gree of Master of Arts from Washington University, St. Louis, 
in 1911. Received the degree of Ph. D. at the State Univer- 
sity of Iowa in 1916. Research Assistant in The State His- 
torical Society of Iowa, 1915-1916. Author of Some Ahuses 
Connected with Statute Law-making. 

I)an Elbert Clark, Associate Editor in The State His- 
torical Society of Iowa. (See The Iowa Journal of History 
AND Politics for April, 1915, p. 307.) 

Joseph S. Heffner, University Pastor of the Congrega- 
tional Church of Iowa City. Graduate student in the State 
University of Iowa. 



152 




THE 



owA Journal 

HistoryeavdPolitics 



APRIL 1917 




Published ^uoxtev^fhy 

THE STATE fflSTORICAL SOCIETli^ OF iOWA 

lowo. City lowev 



BENJAMIN? F. SHAMBAUGH 
^ssocuLte Editor, DAN E. CLAEK 



Vol XV APRIL '^^^ 


CONTENTS 




rpu^ T^«r^««+;«T£i Votrk i« Tnwfl JaCOB A. SwiSHEE 

1 he Jc^x6ciitive veto in xuwa vj^^^^ 


155 


Historv and Constitution of the Icmian Community 

Translated by Thomas Teakle 


214 




287 


Western Americana 


295 




297 




307 




318 



Contributors 



Copyright 1917 ly The iSzale Historical Society of Iowa 



THE IOWA JOURNAL OF HISTORY AND POLITICS 

Published Quaetesly 
AT IOWA cirx 

3UB8CEIPTI0N PkICBV $2.00 SINGLE NUMBER: 50 CENTS 

Address all Communications to 
The State Histoeioal Society Iowa City Iowa 



THE IOWA JOURNAL OF HISTORY AND POLITICS 

APRIL NINETEEN HUNDRED SEVENTEEN 
VOLUME FIFTEEN NUMBER TWO 



VOL. XV— 11 



THE EXECUTIVE VETO IN IOWA 

As early as the days of Montesquieu there developed in 
political thought the theory that the several branches of 
government should be kept separate. This theory was very 
early introduced in America, and it remains to-day an im- 
portant feature of both the State and national governments. 
The relation between the legislative and executive depart- 
ments has been of particular interest. Indeed, few ques- 
tions have more frequently been the subject of discussion 
before constitutional conventions in America. At the close 
of the colonial period there was a marked tendency to ex- 
tend legislative power at the expense of the executive. In 
most of the States the Governor was at first chosen by the 
legislature. This system was not long in operation, how- 
ever, before a distrust of legislative bodies led to a demand 
for an increase in the power of the Governor. In accord- 
ance with this view the people of Pennsylvania in 1790 re- 
vised their State Constitution and provided for the popular 
election of the Governor. They increased his term of office 
from one to three years, and vested him with the executive 
veto. Prior to that time only two States, New York and 
Massachusetts, gave the Governor the veto power. 

Since 1790 there has been a gradual increase in the im- 
portance attached to the office of Governor. His power to 
convene the legislature, the influence which he exerts 
through his message to the legislature, the tendency to in- 
crease his term of office to four years, and the almost uni- 
versal rule of extending to him the veto power all indicate 
something of his increased importance. In recent years 
there have been attempts to bring about greater centraliza- 

155 



156 IOWA JOURNAL OF HISTORY AND POLITICS 



tion in State government, to give the Governor larger legis- 
lative control, and to allow him to veto special items of a 
proposed measure, without destroying the entire bill. 

VETOES UNDEE THE OEIGINAL PEOVISIONS OF THE OEGANIC ACT 

The question of what power should be given to the chief 
executive in controlling legislation originated very early in 
the history of Iowa. The Organic Act of the Territory of 
Iowa, approved on June 12, 1838, contained a clause which 
declared that the Governor shall approve of all laws 
passed by the Legislative Assembly before they shall take 
eftecf No provision was made, however, regarding the 
time or the manner in which bills should be presented to the 
Governor, or returned by him to the Legislative Assembly. 
For the purpose of remedying this defect, the legislature 
during its first session attempted to pass a bill regulating 
the intercourse between the Governor and the two houses 
of the Legislative Assembly. 

On December 4, 1838, a committee was appointed by the 
Council to confer with the Governor relative to this matter. 
The conference was held and resulted in the drafting of a 
bill, which was referred back to the Council for passage. 
Before it was passed, however, the bill was amended in such 
a way as to make it objectionable. Governor Lucas received 
the amended bill on December 18th, and on the next day re- 
turned it to the Council with the following explanation of 
his disapproval: 

In comparing the bill submitted for my consideration, with the 
one originally reported by the committee, I find that the section 
that was inserted with a view to keep up the mutual conference, and 
to open the way to a mutual reconciliation of conflicting views, has 
been stricken from the bill ; also the time within which the Executive 
was required to return an act, etc. with his objections, to the Legis- 

1 Shambaugli 's Documentary Material Belating to the History of Iowa, Vol. 
I, p. 103. 



THE EXECUTIVE VETO IN IOWA 



lative Assembly, has been altered from ten to five days ; with these 
alterations I can never concur, but am still willing to yield my as- 
sent to the bill if passed as originally reported by the committee. 
Until this is done I must use my own discretion, under the Organic 
Law, and for your information will state the course I intend to pur- 
sue. 

All bills, resolutions, or memorials, submitted to me, will be care- 
fully examined, and if approved, will be signed and deposited in the 
office of the Secretary of the Territory. If special objections are 
found, but not sufficient to induce me to withhold my assent from 
the bill, resolution, or memorial, a special note of explanation will 
be endorsed vdili my approval. 

Bills, resolutions, or memorials, that may be considered entirely 
objectionable, or of doubtful policy, will be retained under advise- 
ment or returned to the Legislative Assembly, with my objections, 
at such time, and in such way and manner as I may, for the time 
being, deem to be most advisable. 2 

This message was referred to the committee on Territo- 
rial affairs. In making its report on January 22, 1839, the 
committee advanced the opinion that Congress in framing 
the Organic Act did not intend to confer the power of an 
absolute veto upon the Governor, and that the phrase he 
shall approve all laws'^ was mandatory, leaving the Gov- 
ernor without discretion.^ 

While the question of the relation between the Governor 
and the Legislative Assembly was still pending, a resolu- 
tion was adopted which further complicated affairs and 
brought Secretary William B. Conway into the controversy. 
This resolution was one making an allowance for the com- 
pensation of clerks, doorkeepers, messengers, and firemen. 
It directed the payment of such allowances by the Secre- 
tary, and provided that a certificate signed by the presiding 
officers of the two houses should constitute a sufficient 
voucher for the money paid out. This resolution was not 

2 Council Journal, 1838-1839, p. 110. 

8 Council Journal, 1838-1839, pp. 190-193. 



158 IOWA JOURNAL OF HISTORY AND POLITICS 



presented to the Governor for his approval, but was consid- 
ered as final without his signature. In accordance with its 
provisions a certificate entitling Samuel W. Summers to 
pay as sergeant-at-arms was presented to Secretary Con- 
wa}^ for payment.^ 

The Secretary, unwilling to assume the responsibility of 
paying out money in this unusual manner, and still anxious 
to retain the support of the members of the legislature, 
asked Governor Lucas to give, in writing, his opinion upon 
the validity of the voucher. Governor Lucas replied imme- 
diately, stating that since the Organic Act provided that all 
laws should be approved by the Governor, and since the res- 
olution providing for vouchers had not been so approved, 
payments could not be legally made in the manner pre- 
scribed. ' 

This answer to the Secretary's inquiry gave rise to new 
difficulties. Mr. Conway sent the message at once to the 
Legislative Assembly, thus intensifying the spirit of con- 
tention that already existed between the Governor and the 
members of the legislature. Upon the receipt of this com- 
munication, on Friday, December 7, 1838, the legislature 
voted to adjourn until the following Monday, but mean- 
while to meet in convention on Saturday morning and dis- 
cuss the matter. In the convention which met at the ap- 
pointed time the opposition to the Governor's attitude was 
led by Stephen Hempstead and James W. Grimes; while 
Gideon S. Bailey and John Frierson spoke in behalf of the 
Governor. Mr. Hempstead and Mr. Grimes were severe in 
their denunciation of the Governor for overstepping his 
bounds. Mr. Bailey and Mr. Frierson, on the other hand, 
contended that the chief executive had in no way exceeded 
his authority.^ 

4 Parish 's Eohert Lucas, pp. 190, 191. 

5 Parish's Bohert Lucas, pp. 191-195. 



THE EXECUTIVE VETO IN IOWA 



159 



An examination of the facts seems to justify the latter 
contention. The Governor had not vetoed the resolution, 
nor had he expressed any intention to do so. He had only 
expressed his opinion that the certificate based upon the 
joint resolution did not constitute a sufficient voucher. The 
letter written by the Governor was in no way a restraint 
upon either the Secretary or the legislature. It was consid- 
ered, however, as an attempt on the part of the Governor to 
control legislation and dictate the policy of the Secretary. 
Moreover, the opposition contended that any interpretation 
by the Governor amounted to an expression of judicial 
opinion. Indeed, any comment by the executive upon bills 
that were passed seemed to incur the displeasure of the 
members of the legislature to a greater extent than did the 
direct use of the veto. This is shown by the fact that on 
January 15, 1839, the House of Eepresentatives, after a 
long preamble stating that the Governor had been writing 
''notes and explanations on sundry laws'', resolved that 
Eobert Lucas is ''unfit to be the ruler of a free people'', and 
that a select committee be appointed to prepare and report 
a memorial to the President of the United States, asking 
for his immediate removal.^ Such a memorial was actually 
written and presented to President Van Buren, but did not 
produce the desired effect. 

Another question upon which the Governor and the legis- 
lature took issue was that of governmental expenditures. 
Governor Lucas in his message to the Assembly on Novem- 
ber 12, 1838, recommended strict economy and a careful dis- 
tribution of funds so as not to exceed the appropriation 
made by Congress."^ This advice, however, was disregard- 
ed. Money was appropriated with little regard to the lim- 
ited means allowed by Congress. On December 21st Hardin 

6 House Journal, 1838-1839, p. 13. 

7 House Journal, 1838-1839, p. 13. 



KiO IOWA JOURNAL OF HISTORY AND POLITICS 



Nowliii introduced a resolution in the House of Eepresenta- 
tives, appointing Mr. Conway fiscal agent of the Legislative 
Assembly during the session, and providing that all ad- 
vances of money made by him should be refunded to him 
out of such money as should later be appropriated by Con- 
gress.^ This resolution was adopted by the two houses and 
on December 29th was presented to the Governor for his 
signature. 

Governor Lucas could not consistently approve of such a 
measure, so he returned it at once, stating that the Secre- 
tary of the Territory is, by the organic law, created the dis- 
bursing agent of the appropriation made by Congress, to 
defray the expenses of the present legislative assembly, and 
this legislative assembly, in my opinion, has no power di- 
rectly or indirectly, to control the application of money that 
may be appropriated by Congress to defray the expenses of 
the next legislative assembly. 

The next bill vetoed by the Governor was one dividing 
Henry County and establishing the county of Jefferson. 
This bill, unlike the former measures, was disapproved be- 
cause of its form, and not because of the Governor's opposi- 
tion to its purpose and content. Governor Lucas in 
returning this bill presented two objections : first, that the 
described boundary extended into the Indian country; and 
second, that it divided certain organized townships. He 
recommended a rewriting of the bill so as to bound the 
counties by township lines and the Indian boundary line.^^ 
In accordance with these suggestions, the bill was modified 
and became a law on January 21, 1839. 

As the work of the Legislative Assembly advanced, the 
relations between the executive and the two houses became 

8 House Journal, 1838-1839, p. 138. 

9 House Journal, 1838-1839, p. 151. 
^0 House Journal, 1838-1839, p. 154. 



THE EXECUTIVE VETO IN IOWA 161 



more and more strained. On November 28, 1838, an at- 
tempt had been made to prescribe the time and manner in 
which bills should be returned to the Assembly. The joint 
resolution embodying these provisions was sent to the Grov- 
ernor, and on J anuary 4, 1839, was returned, together with 
a brief note in which the Governor said: ^^I see no place in 
the organic law, that vests the Council and House of Eepre- 
sentatives with the right to dictate to the Executive in the 
discharge of his official duties. ''^^ 

On the following day the Governor vetoed another reso- 
lution requesting him to inform the legislature of his sanc- 
tion of bills immediately upon his approval of the same. 
He stated that it was his desire to comply with the wishes 
of the legislature, whenever possible; but having no secre- 
tary or clerk in his service, it was impracticable for him to 
return bills to the house immediately upon his approval. 
He referred to his communication of December 19, 1838, and 
asserted his intention to follow the course therein pre- 
scribed, until a bill was passed regulating the intercourse 
between the two departments.^^ 

Other bills vetoed during the first session of the Legisla- 
tive Assembly were bills providing that the postmaster of 
Davenport be authorized to have the m_ail carried from 
Davenport to Dubuque twice a week during the session of 
the legislature;^^ incorporating the City of Dubuque;^* 
providing for the compensation of sheriffs ;^^ and author- 
izing the Legislative Assembly to punish for contempt and 
to privilege its members from arrest.^ ^ 

1^ House Journal, 1838-1839, p. 176. 

12 House Journal, 1838-1839, pp. 181, 182. 

IS House Journal, 1838-1839, p. 176. 

14 Council Journal, 1838-1839, p. 150. 

15 House Journal, 1838-1839, p. 272. 

16 Council Journal, 1838-1839, p. 214. 



l(;i> IOWA JOURNAL OF HISTORY AND POLITICS 



Aside from these bills two acts were passed by the legis- 
lature during the closing days of the session and presented 
to the Governor, but were not returned until the beginning 
of the next session. The first of these bills was an act con- 
cerning the repeal of certain statutes. Governor Lucas ob- 
jected to this bill because, as he said, its approval would 
have repealed all laws passed by the legislative authorities 
of the Territories of Michigan and Wisconsin, which were 
still in force in the Territory of lowa.^'^ 

The other bill left in the hands of the Governor was one 
providing for the compensation of printers of the Legisla- 
tive Assembly ^ ' and for other purposes ' Notwithstanding 
the attitude of the Governor in the matter of economy, the 
legislature persisted in incurring unnecessary expenses. 
The journals for the last week of the session show a num- 
ber of resolutions for the payment of money, many of which 
were not in accord with the Governor's policy. The bill in 
question was a good example of the methods employed by 
the legislature. It purported to be a bill for the compensa- 
tion of printers, but was in fact a general appropriation 
bill. Moreover, it was passed on the last day of the session, 
at a time when its return either with or without the Gov- 
ernor's signature was impossible. It was therefore re- 
tained in the executive office until the convening of the next 
legislative session, when it was returned to the House of 
Eepresentatives, together with a note setting forth the Gov- 
ernor 's objections.^^ 

VETOES UNDEE THE ORGANIC ACT AS AMENDED 

The Territorial legislature met for its second session on 
November 4, 1839.^^ Prior to this time, however. Congress 

17 House Journal, 183'8-1839, p. 25. 

18 House Journal, 1838-1839, pp. 25, 26. 

19 House Journal, 1839-1840, p. 3. 



THE EXECUTIVE VETO IN IOWA 



had passed an act restricting the veto power of the Gov- 
ernor of the Territory. This act was approved on March 3, 
1839, and provided that a vetoed bill might become a law if 
reconsidered and passed by a two-thirds vote in both houses 
of the Legislative Assembly.^^ Governor Lucas no doubt 
recognized this amendment as a wise and representative 
measure, one which, it is true, reduced his power, but one 
which also relieved him of much of his former responsibil- 
ity. He stood firmly by his convictions, however, and did 
not hesitate to exercise his veto power when in his judgment 
necessity required it. 

The first bill vetoed by the Governor under the new pro- 
vision of the law was one relative to the Missouri-Iowa 
boundary dispute. During the early days of December, 
1839, the boundary question became acute. Indeed, there 
was every indication that armed hostilities would result. 
On the sixth day of that month a motion was made to ad- 
journ the House of Representatives and allow the members 
to participate in the conflict.^ ^ This motion was lost and the 
House remained in session. On the following Monday, how- 
ever, the House passed resolutions requesting the Governor 
of Missouri to authorize a suspension of hostilities until 
July 1, 1840, and asking Governor Lucas to suspend all 
further military operations until a decision had been re- 
ceived from the Governor of Missouri. These resolutions 
were presented to Governor Lucas on December 13th, and 
three days later were returned with his veto. He objected 
to the title of the resolutions which spoke of the ^ ^ difficulties 
hitherto existing between the State of Missouri and the Ter- 
ritory of Iowa ".22 He contended that since the Territorial 
government was entirely under the control of the Federal 

20 Parish's Bohert Lucas, p. 219. 

21 Bouse Journal, 1839-1840, p. 98. 

22 Eouse Journal, 1839-1840, p. 102. 



]()4 IOWA JOURNAL OF HISTORY AND POLITICS 



government, the controversy was between the State of Mis- 
souri and the United States.-^ He concurred with the Leg- 
islative Assembly, however, in attempting to avoid hostil- 
ities between the people of Missouri and those residing in 
the Territory of Iowa. To this end he despatched a special 
messenger to Washington to submit the matter to the Presi- 
dent and to solicit his interposition and instructions on the 
subject. In the meanwhile he refused to assume responsi- 
bilities which he thought belonged to the Federal govern- 
ment. Notwithstanding the Governor's contention, how- 
ever, the resolutions were again taken up and passed over 
his veto, the vote being fourteen to six in the House,^^ and 
seven to one in the Council.^^ This was the first instance in 
the history of Iowa of a bill or resolution becoming a law 
without the Governor's approvaL 

During the remainder of Governor Lucas's administra- 
tion three bills were vetoed. These were bills to create the 
office of public printer,^'^ to provide for the appointment of 
a Territorial librarian,^^ and to repeal certain legislative 
measures.-^ The first two of these bills were rejected be- 
cause of technicalities and not upon questions of merit. In 
each case there was an attempt to pass the bill over the veto, 
but both attempts resulted in a failure to secure the re- 
quired two-thirds vote. The third bill provided for a repeal 
of laws formerly passed by the Legislative Assemblies of 
the Territory of Michigan and the Territory of Wisconsin 
which were still in force in the Territory of Iowa. This bill 
was essentially identical with the one formerly vetoed be- 

Rouse Journal, 1839-1840, p. 110. 
24: House Journal, 1839-1840, p. 111. 
25 Council Journal, 1839-1840, p. 80. 
2^ Bouse Journal, 1839-1840, p. 117. 

27 Bouse Journal, 1839-1840, p. 132. 

28 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
I, p. 176. 



THE EXECUTIVE VETO IN IOWA 165 



cause of its interference with important laws. Governor 
Lucas thought that the approval of such a measure would 
work injustice by producing a sudden change in the law. 
This bill was not vetoed until after the close of the session, 
and therefore, no attempt was made to pass it over the veto. 

On May 13, 1841, John Chambers succeeded Robert Lucas 
as Governor of the Territory. Governor Chambers came 
into office as a Whig appointee, while the people of the Ter- 
ritory were largely Democratic. This being the case, he had 
to contend with a legislative body in which his party was in 
the minority. 2^ 

The Legislative Assembly met in Butler's Capitol at Iowa 
City on December 6, 1841. During this session, which lasted 
until February 13, 1842,^^ two bills received the executive 
veto. Both of these measures were rejected on the grounds 
of unconstitutionality. The first was a joint resolution rel- 
ative to carrying the mail from Iowa City to Keosauqua. 
This resolution was introduced in the House of Representa- 
tives on December 7th, the second day of the session, and 
provided that the postmaster at Iowa City should be author- 
ized to employ some suitable person to carry the mail to 
Keosauqua ; that the postmaster at Dubuque should employ 
a carrier to Iowa City, and that the Postmaster General 
should be memorialized to pay the expenses thus incurred.^^ 
This measure was presented to Governor Chambers on De- 
cember 11th, and two days later was vetoed, on the theory 
that it necessitated a departure by the postmasters from 
their duties to the Post Office Department. In his veto mes- 
sage the Governor said: 

I am entirely satisfied, that the exercise of such a power as is pro- 
posed by this resolution, cannot be effected through the instrumen- 

29 Parish's John Chamfibers, p. 12'8. 

30 Kouse Journal, 1841-1842, p. 3. 

31 Kouse Journal, 1841-1842, p. 7. 



IOWA JOURNAL OF HISTORY AND POLITICS 



tality or agency of the postmasters appointed by, and acting under 
tlie authority of the General Government, without a departure, on 
their part, from their duties and ohligations to the Post Office De- 
partment ; and not being willing to request an officer of the Govern- 
ment to do an act which I should consider a violation of his duty, 
I am constrained to withhold my signature and approval from this 
joint resolution.^ 2 

An attempt to pass this measure over the Governor's veto 
in the House was lost by a vote of eight to eighteen. Hence 
the veto remained in force. 

The other bill vetoed during this session of the legislature 
was one appointing an Acting Commissioner at Iowa City. 
The bill seems to have been an attempt to unite the offices of 
Territorial Agent and Superintendent of Public Buildings 
at Iowa City, and to name the person who should occupy the 
newly created office. Chambers quoted from the provisions 
of the Organic Act to show that the appointment of such of- 
ficers rested with the Governor, and withheld his signature 
from the bill. A vote in the House upon the question of 
passing the bill over the Governor's veto resulted in a bal- 
lot of thirteen to eleven. The motion was therefore lost — 
a two-thirds vote being required for its passage.^^ 

On the fifth of December, 1842, the Fifth Legislative As- 
sembly convened in the newly erected stone capitol building 
at Iowa City. Governor Chambers in the early part of the 
session, in writing to his two sons relative to legislative 
matters, said: There is very little for the Legislature to do 
that can be useful, and yet there is not the least probability 
of their adjourning before the 21st [of] February."^'* As a 
matter of fact the session came to an end on February 17, 
1843, after eighty-three bills had been passed. 

Of the acts passed at this session all but two were ap- 

32 Eouse Journal, 1841-1842, p. 29. 

33 Bouse Journal, 1841-1842, p. 231. 

34 Parish's John Charnbers, p. 138. 



THE EXECUTIVE VETO IN IOWA 



proved and signed by the Governor. The first act vetoed 
was a memorial to Congress asking for a survey of certain 
Indian boundary lines. It was disapproved by the Grov- 
ernor on the ground that the date contained in the bill was 
erroneous, and because a mistake had been made in locating 
the point at which the proposed boundary line should inter- 
sect the Des Moines River. '^•'^ 

The other bill vetoed was '^an act to divorce certain per- 
sons therein named". It provided for the divorcing of no 
less than nineteen couples. When the measure was sent to 
Governor Chambers for his signature he returned it, to- 
gether with an extensive veto message.^'^ He contended that 
such a w^holesale annulment of marriage vows was mani- 
festly unjust. He deemed it proper to give the party ac- 
cused an opportunity to be heard, and maintained that such 
hearing could be obtained only in a judicial proceeding. He 
urged, moreover, that the three branches of government 
should be kept distinct, and held that the granting of di- 
vorces by the legislature was an infringement upon the 
sphere of the judiciary. In conclusion he said: 

I have heretofore given a reluctant approval to acts affecting in- 
dividual cases of this kind, but more mature reflection and an ex- 
amination of our statute books, in connection with this bill, satisfies 
me that too much facility and encouragement has been given to 
applications for legislative interposition in such cases, and that it 
will be more safe and more consistent with the principles of our 
government to leave them to judicial action, than to continue to 
legislate for each particular case. 

Notwithstanding this protest on the part of the Governor, 
the bill was again taken up and passed, the vote in the House 
being sixteen to seven, while in the Council it stood eight to 
four.^*^ 

35 Council Journal, 1842-1843, pp. 49, .50. 

36 House Journal, 1842-1843, pp. 311-313. 

ST House Journal, 1842-1843, pp. 313, 314; Council Journal, 1843, p. 178. 



lf)8 IOWA JOURNAL OF HISTORY AND POLITICS 



During the session of the next Legislative Assembly, 
which met in December, 1843, and continued in session until 
February of the following year, there were no bills passed 
which failed to meet with the Governor's approval. During 
the early months of 1844 the question of statehood was the 
chief subject of public interest. In April this question was 
submitted to a vote of the people, and it was found that a 
large majority favored statehood. Accordingly a constitu- 
tional convention was called to convene at Iowa City for the 
purpose of drawing up a Constitution which should be sub- 
mitted to a vote of the people.^^ One of the issues before 
this convention was the question of the relation between the 
legislative and executive departments. The Constitution as 
finally drawn up provided for an executive veto. It stipu- 
lated, however, that if a bill once vetoed should again pass 
both houses by a majority of two-thirds of the members of 
each house present, it should become a law notwithstanding 
the Governor's objections.^^ 

From the convention the new Constitution was sent to 
Congress, where an act was passed enabling Iowa to become 
a State. In framing this act, however. Congress stipulated 
State boundaries which did not correspond to those pro- 
posed by the convention. This change was objected to by 
the people and accordingly the Constitution was rejected."*^ 

In May, 1845, the Seventh Legislative Assembly convened, 
with the question of statehood still unsettled. Governor 
Chambers in his message recommended a provision for a 
popular vote on the question of calling a new convention.*^ 
The members of the legislature, however, preferred to re- 
submit the original Constitution to the people and then at- 

38 Parish 's John Cham'bers, p. 143. 

Journal of the Iowa Constitutional Convention, 1844, p. 192. 

40 Parish's Bohert Lucas, p. 271. 

41 Shambaugh 's Messages and Froelamations of the Governors of Iowa, Vol. 
I, pp. 279, 280. 



THE EXECUTIVE VETO IN IOWA 169 



tempt to secure from Congress a satisfactory enabling act. 
Accordingly the Legislative Assembly passed an act to re- 
submit the Constitution of 1844 to the voters at the August 
election, in the same form in which it had come from the 
convention."^- The passage of this measure brought forth a 
formal protest signed by nine members of the House. They 
said that the bill was '^designed to control rather than to 
ascertain public sentiment ".^^ On June 3rd the bill was 
sent to the Governor and three days later was vetoed.^^ 
Although Governor Chambers favored statehood, he was of 
the opinion that a further consideration of the old Constitu- 
tion was unwise. 

From the supporters of the Constitution of 1844 the Gov- 
ernor's veto brought forth a severe criticism. A motion in 
the House to pass the bill by a constitutional majority re- 
sulted in a vote of sixteen to eight. In the Council a similar 
motion was carried by a ballot of eleven to two. The Consti- 
tution was accordingly again referred to the people, by 
whom it was rejected a second time.^^ 

The last bill vetoed by Governor Chambers was an act to 
provide for the settlement of the titles to half-breed lands 
in Lee County. The Governor's objection to the bill was 
that it proposed to change the laws in such a way as to make 
special rules of procedure applicable to the half-breed 
titles. ^^The laws of every country affecting the rights of 
individuals", the Governor said, in part, should be equal 
and uniform, and I am not able to discover any reason for 
making the rights, whatsoever they may be, of the claimants 
of the Half Breed lands, an exception to this rule".^^ Here 

42 Parish's John Chamhers, p. 156. 

House Journal, 1845, p. 167. 

House Journal, 1845, p. 204. 
45 House Journal, 1845, p. 210 ; Council Journal, 1845, p. 144. 

Council Journal, 1845, p. 170. 

VOL. XV — 12 



170 IOWA JOURNAL OF HISTORY AND POLITICS 



ai^ain, liowovor, the protest of the Governor was of no avail. 
The nioasuro was taken up and passed over his veto in each 
house by the necessary majority. In the House of Eepre- 
sentatives the vote stood nineteen to two. In the Council 
there were hut twelve votes cast, all of which, however, were 
in favor of the passage of the measure.'*'^ 

During' the remainder of the Territorial period only one 
bill met with the executive veto. This was a bill for the re- 
lief of Samuel C. Reed, a citizen of Van Buren County, who 
lived near the Missouri line and had furnished provisions to 
the militia engaged in defending the boundary line during 
the winter of 1839-1840. Being in limited circumstances 
and having waited several years in the hope of securing 
some remuneration, he petitioned the legislature for an ap- 
propriation for $183.15, the amount of his claim. 

Reed was regarded as a patriotic and generous man, and 
his petition was favorably received. Accordingly, in Janu- 
ary, 1846, the legislature passed a bill allowing his claim, 
with six per cent interest.^^ James Clarke was at this time 
Governor of the Territory, having succeeded John Cham- 
bers in November, 1845. When the bill was sent to him, he 
returned it with a veto message.^^ His objection was that 
the legislature should make no discrimination among those 
who aided in defending the rights of the people of the Terri- 
tory in the time of impending danger. He contended that to 
allow one claim would be to encourage others. He suggest- 
ed, moreover, that all such claims should be submitted to the 
Federal government and not to the Territorial legislature. 
An attempt was made to pass this measure over the Gov- 
ernor 's veto, but it failed for the want of a two-thirds vote. 

House Journal, 1845, p. 234; Council Journal, 1845, p. 170. 
'is Annals of Iowa (First Series), Vol. IV, p. 750. 
49 House Journal, 1845-1846, p. 225. 



THE EXECUTIVE VETO IN IOWA 171 



BILLS VETOED SINCE 1846 

The Constitution of 1844 was rejected by the people, but 
two years later another constitutional convention was called 
to meet at Iowa City on May 4, 1846. On the second day of 
the session the president announced the appointment of a 
number of standing committees whose duty it would be to 
draw up and recommend provisions relative to the various 
branches of the State government. The committee on the 
legislative department consisted of Shepherd Leffler, Wil- 
liam Hubbell, John J. Selman, Stephen B. Shelleday, and 
John Conery. On Friday, May 8th, Mr. Leffler presented a 
report for this committee and recommended as a part of the 
proposed Constitution the following provision : 

Every bill which shall have passed the general assembly shall, be- 
fore it becomes a law, be presented to the Governor. If he approve, 
he shall sign it ; but if not, he shall return it with his objections, to 
the house in which it shall have originated, who shall enter the 
same upon the journal and proceed to reconsider it ; if, after such 
reconsideration, it again pass both houses by yeas and nays, by a 
majority of two thirds of the members of each house present, it shall 
become a law notwithstanding the Governor's objections. If any 
bill shall not be returned within three days after it shall have been 
presented to him, the same shall be a law in like manner as if he 
had sigjied it, unless the General Assembly by adjournment pre- 
vents such return. 

Mr. Shelleday moved to amend this section by adding the 
provision that after ^^any law of a general nature has passed 
both branches of the General Assembly, & shall have been 
vetoed by the Governor, it may be submitted to the people 
at the next general election, and if it shall receive a majority 
of all the votes cast for and against it, the same shall become 
a law, notwithstanding the Governor's objection. The 
vote on this amendment stood fourteen to fourteen, hence 
the amendment was lost. An attempt was then made to 
strike out of the original section the words majority of 



172 IOWA JOURNAL OF HISTORY AND POLITICS 

two thirds of the members of each house present/* and in- 
sert the words ^^all the members elect to each House, ''^'^ 
thus requiring a unanimous vote of the members of the two 
houses in order to pass a bill over the Governor's veto. 
This proposed amendment was also lost, and the section as 
first proposed was made a part of the Constitution. 

Ansel Brig-gs was elected as the first Governor of the 
State, and served from 1846 to 1850. During this period 
only one bill was vetoed. This was a bill for the relief of 
H. H. Hendrix and Edward Pedigo. These two men had 
become bondsmen for James V. Potts against whom an in- 
dictment stood in the district court of Wapello County. 
Potts having absconded, a bill was passed by the legislature 
to release the bondsmen from their obligation. Governor 
Briggs objected to the measure on the ground that it would 
defeat the purpose of the existing law. It would as he said 

establish a pernicious precedent by encouraging men 
charged with indictable offenses to escape. He thought that 
the law ought to be allowed to take its course, and accord- 
ingly vetoed the bill. An attempt to pass the measure over 
the Governor's veto resulted in failure. 

In 1850 Stephen Hempstead was elected Governor of the 
State. During the four years of his administration he exer- 
cised the veto power eight times — five times with reference 
to bills for the construction of toll bridges, twice in connec- 
tion with the calling of a convention to amend the Constitu- 
tion, and once with reference to a bill to amend the Code. 
The Governor's objection to the five bridge bills was that 
their purpose was to create corporations for private gain, 
and that as such the bills were unconstitutional. In vetoing 
the first of these bills Governor Hempstead quoted the seo- 

^0 Journal of the Iowa Constitutional Convention, 1846, pp. 43, 44, 58, 59. 

51 House Journal (Extra Session), 1848, pp. 188, 189. 

52 House Journal, 1850-1851, pp. 381, 384; Senate Journal, 1851, pp. 319,322. 



THE EXECUTIVE VETO IN IOWA 173 



ond section of the ninth article of the Constitution, which 
provided that Corporations shall not be created in this 
State by special laws, except for political or municipal pur- 
poses He said that the language and intention of the 
Constitution could not be mistaken. It * ^ asserts a great and 
just principle which is worthy of the highest consideration 
by those who are entrusted with legislative power'', the ob- 
ject being to prevent special and partial legislation and to 
grant equal privileges to all citizens.^* In vetoing the other 
four bridge bills the Governor followed the same line of 
reasoning. 

The second series of vetoes by Governor Hempstead had 
to do with proposed measures for amending the State Con- 
stitution. In 1852 there was a wide-spread agitation for 
amendments granting special charters to corporations and 
authorizing the establishment of banks. In his message to 
the General Assembly in December of that year the Gov- 
ernor expressed his belief that such amendments were not 
advisable, and urged the members to oppose any measures 
which had for their purpose the alteration of the Constitu- 
tion in this manner. Disregarding this advice, on Decem- 
ber 29th, Elijah Sells, a member of the House of Eepre- 
sentatives introduced a bill, the provisions of which were 
that ^*at the next general election, a vote shall be taken for 
or against the call of a convention to amend the constitution, 
and that in case it shall be found that a majority have voted 
for a convention, the next succeeding General Assembly 
shall provide for holding the same.'' This bill passed both 
houses and on January 15, 1853, was presented to the Gov- 
ernor for his approval. 

The general election referred to in this bill was to be held 

Journal of the Iowa Constitutional Convention, 1846, p. xv. 
«4 House Journal, 1850-1851, pp. 382, 383. 
56 House Journal, 1852-1853, p. 20. 



174 IOWA JOUHNAL OF HISTORY AND POLITICS 



on the first Monday in August in the year 1854, and the fol- 
lowing General Assembly would meet on the first Monday of 
December of the same year. The tenth article of the Consti- 
tution of 1846 contained a provision that in case the people 
should vote in favor of a convention, such a convention 
should be held within six months thereafter. Thus it will be 
seen that the proposed bill interpreted in the light of this 
constitutional provision would mean that a period of only 
two months would intervene between the meeting of the 
General Assembly and the convening of the convention. 
Governor Hempstead pointed out this fact and urged that 
two months was not sufficient time in which to pass the nec- 
essary laws, elect delegates, and prepare for the convening 
of the convention. Upon these grounds he vetoed the bill 
and returned it to the House of Eepresentatives.^^ An at- 
tempt was made to pass the bill over the Governor's veto, 
but the motion was lost by a vote of six to fifty-three. 

The members of the legislature were not content, however, 
to let the matter rest at this point. Another bill authorizing 
a popular vote upon the question of amending the Constitu- 
tion was at once introduced and passed by both houses of the 
Assembly, but not without serious objection on the part of 
some of the members. Among those opposed to this move- 
ment was Senator A. Y. Hull. Finding that he and his fol- 
lowers were unable to prevent the passage of the bill and 
being indignant at the result, he moved to strike out the title 
and insert as a substitute: *^A bill to enable eight by ten 
politicians to become Pachas with five tails. ' ' This motion 
was of course lost, and the bill with its original title was 
presented to Governor Hempstead for his approval. Again 
the Governor objected, this time upon the ground that while 
the bill prescribed the number of delegates, it did not indi- 

56 House Journal, 1852-1853, pp. 291, 320. 
Senate Journal, 1852-1853, p. 291. 



THE EXECUTIVE VETO IN IOWA 



cate who should be eligible, nor did it state whether they 
should be elected by counties, by districts, or by the State at 
large. Aside from this special objection he stated that he 
was opposed to any measure, the purpose of which was to 
alter the Constitution. In emphasizing this attitude in his 
veto message he wrote as follows : 

I cannot, in the absence of a more marked expression of popular 
desire on the part of the people than what has heretofore been man- 
ifested, approve of any bill, which has for its object the calling of a 
convention to amend the constitution. The legitimate ends of gov- 
ernment have been and can still be obtained by its wise provisions, 
under which the State of Iowa has thus far been prosperous, and 
the rights and interests of her citizens been secured and protected.^^ 

With these objections the Governor returned the bill to 
the house in which it had originated. 

The last bill vetoed by Governor Hempstead was an act to 
amend chapter eighty of the Code of 1851. This chapter 
dealt with the rights of occupying claimants, and the bill 
was an attempt to further these rights. The sixth section 
of the bill declared that ^ ^ any court deeming the provisions 
of this act providing for a judgment in favor of the occupy- 
ing claimant unconstitutional, shall nevertheless order a 
stay of execution by the successful claimant until payment, 
tender or satisfaction be made". This was an attempt to 
require the court to enforce a law which it had decided 
should have no validity. Thus it will be seen that the meas- 
ure was clearly unconstitutional, and as such it was vetoed 
by the Governor.^® 

In reviewing the eight acts vetoed by Governor Hemp- 
stead it is interesting to note that in each case there was an 
attempt to pass the measure over his veto, but that in no 
case was the attempt successful. Indeed, with one exception 

58 House Journal, 1852-1853, pp. 413, 414. 

59 Senate Journal, 1852-1853, p. 326. 



176 IOWA JOURNAL OF HISTORY AND POLITICS 



the vote upon such questions was overwhelmingly in sup- 
port of the Governor — the exception being in the case of 
the second bill providing for a vote upon the question of 
amending the Constitution, when the vote in one house stood 
twenty-nine to twenty-one. 

In August, 1854, James W. Grimes was elected Governor 
of Iowa, and on the ninth day of the following December he 
was inaugurated. Under the provisions of the Constitution 
of 1846 his term would have continued until December, 1858, 
but his tenure lapsed ten months prior to this time, owing 
to the provisions of the new Constitution adopted in 1857. 
During his administration of a little more than three years 
he had occasion to exercise his veto power no less than ten 
times. 

The first act vetoed by Governor Grimes was one to 
amend an act to incorporate the Mount Pleasant Collegiate 
Institute. James Harlan had recently become president of 
that institution, upon condition that the school should be 
placed upon a more efficient basis.^^ To accomplish this ob- 
ject he urged the legislature to pass an amendment to the 
act of incorporation. Accordingly, a bill for that purpose 
was passed by the legislature in January, 1855. The terms 
of this bill were clearly such as would create a special cor- 
poration. As the Constitution provided that corporations 
should not be created by special laws, except for political or 
municipal purposes, the Governor had no option in the mat- 
ter, but was forced to veto the act as being unconstitutional. 
In returning the bill, however, he said that the objects 
sought by the Incorporators are commended to my judg- 
ment. I sympathize in their efforts to establish an Institu- 
tion of sound learning. I applaud their motive, I desire 
their success' In conclusion he advocated that a new bill 

60 Brighain 's James Harlan, p. 76. 
«i House Journal, 1854-1855, p. 422. 



THE EXECUTIVE VETO IN IOWA 



177 



be formulated upon a constitutional basis, in order that the 
interests of education might not suffer by the exercise of his 
veto. Such a bill was immediately passed by the General 
Assembly and approved by the Governor, and the school 
was reorganized as Iowa Wesleyan University .^^ 

On January 23, 1855, the same day upon which the Gov- 
ernor vetoed the Mount Pleasant Collegiate Institute bill, 
there was presented for his approval an act in reference to 
an ordinance passed by the city council of Dubuque. This 
act declared that certain persons named in the ordinance 
should form an incorporated company, with the right of 
perpetual succession, and that this company should enjoy 
certain rights and privileges. The Governor pointed out 
the fact that such an act was in conflict with the second sec- 
tion of the eighth article of the Constitution of the State, 
which declared that corporations should not be created by 
special laws, except for political or municipal purposes. 
Viewed in this light the bill was clearly unconstitutional. 
*^The purpose of this bill'', said the Governor, *4s neither 
political or municipal ; it not only would create a special in- 
corporation^ but it would give to it perpetuity, whilst the 
duration of corporations organized for similar purposes, 
under the general laws of the State, is limited to fifty 
years." It is clear from the records that the General As- 
sembly adopted the views of the Governor in this matter, 
for there was a unanimous disapproval of the motion to pass 
the bill by a constitutional majority. 

The Governor was not again called upon to exercise his 
veto power for more than a year, but in July, 1856, the legis- 
lature at its special session attempted to enact a law which 
did not meet his approval. This was a bill providing for a 
change in the law with reference to the issuing of county 

62 Laws of Iowa, 1854-1855, p. 213. 

63 Senate Journal, 1854-1855, pp. 310, 311. 



178 IOWA JOURNAL OF HISTORY AND POLITICS 



and corporate bonds. The purpose of such a change was to 
exempt the town of Fort Madison from the operation of the 
law. Governor Grimes objected to the measure on the 
ground that all laws of a general character should be uni- 
form in their operation. This act being designed for the 
special benefit of the town of Fort Madison, was accordingly 
declared unconstitutional, and returned to the Senate with- 
out his approval.^^ 

The next legislative enactment to meet with the Gov- 
ernor's veto was a bill for the purpose of vacating an alley 
in the town of Keosauqua. The bill provided that the land 
vacated should remain under the control of the mayor, and 
that the original proprietors should have no further interest 
in the property. Governor Grimes objected to the measure 
because, as he said, it was an attempt to prevent the title in 
the land from ever reverting to the original owners. He 
called attention to the fact that when a street or alley is 
dedicated to public use the legal title remains in the donor, 
and that the public acquires a simple easement or right of 
way. When this public franchise ceases the original owners 
may again resume full possession. Upon these grounds he 
vetoed the bill and returned it to the Senate.^^ Here again 
upon a motion to pass the bill by a constitutional majority, 
the Governor's view was supported by a unanimous vote of 
the members of the Senate. 

The next two bills objected to by the Governor provided 
for the incorporation of the cities of Winterset and Center- 
ville. The bill providing for the incorporation of Winterset 
contained a clause declaring that all property owned by the 
city in its corporate capacity should be exempted from tax- 
ation for State or county purposes. The Governor admitted 
the ability of the General Assembly to make such an exemp- 

64 Senate Journal, 1856-1857, p. 80. 

65 Senate Journal, 1856-1857, pp. 233, 234. 



THE EXECUTIVE VETO IN IOWA 



179 



tion from taxation, and thus conceded the point of constitu- 
tionality. He objected to the measure, however, because it 
tended toward non-uniformity in the laws relative to the 
various cities of the State. The corporate property of the 
cities of Dubuque and Knoxville had been exempted, while 
the property of every other city and town in the State was 
taxed its proportional share. Governor Grimes was op- 
posed to extending the list of exempted cities, unless indeed 
it be done by a general act applying to all the cities of the 
State. His plea was for uniformity, and upon this ground 
alone he vetoed the proposed law.^^ The incorporation of 
the city was not, however, long delayed. A new bill was 
introduced in which the objectionable features were omitted, 
and on J anuary 16, 1857, only six days after the veto of the 
first measure, the act of incorporation was approved.^^ 

In regard to the incorporation of the city of Centerville 
the legislature passed a bill, one section of which declared 
that the city council might propose amendments to the char- 
ter, which if adopted by the voters should become a part of 
the charter. There was no limitation or restraint upon the 
subjects that might be embraced in these amendments. The 
adoption of such a measure would, as was pointed out by 
Governor Grimes, give the city power to extend or curtail 
its boundaries at will, or to contravene the general laws of 
the State. As it was clearly not the intention of the General 
Assembly or the policy of the State to confer upon any 
municipal corporation such unlimited power, the Governor 
considered it his duty to veto the measure.^^ Here, as in the 
former case, immediate steps were taken to formulate a 
new bill, and on January 23, 1857, the city of Centerville 
was incorporated.^^ 

66 Seriate Journal, 1856-1857, pp. 253, 254. 

67 Laws of Iowa, 1856-1857, p. 41. 

68 House Journal, 1856-1857, p. 350. 

69 Laws of Iowa, 1856-1857, p. 107. In the original bill the spelling was 
Centreville. In the approved act it was changed to Centerville. 



ISO IOWA JOURNAL OF HISTORY AND POLITICS 



Another city whose charter came before the legislature at 
this session was the city of Council Bluffs. The attempt in 
this case was to amend the charter. The bill providing for 
this alteration stipulated that warrants may be issued for 
the violation of ordinances, by-laws, rules and regulations 
of said city, without being predicated or based upon affi- 
davit.'' The terms were general and might be interpreted 
as including warrants for search or for seizure. In this 
respect the bill contravened the fourth article of amend- 
ment to the United States Constitution, which forbids 
search and seizure except upon a warrant issued upon prob- 
able cause, and supported by oath or affirmation. Governor 
Grimes pointed out the weakness of the proposed law, and 
returned it to the Senate where it had originated.'^*^ 

The next bill which the Governor saw fit to veto was *^An 
act for the relief of the Medical Department of the State 
University." This bill proposed to grant the sum of five 
thousand dollars, arising from interest on the University 
fund of the State, to the College of Physicians and Surgeons 
at Keokuk. In 1840 Congress had granted two townships 
of land for the use and support of a University, with such 
branches as the public convenience might demand. Gov- 
ernor Grimes was opposed to apportioning the funds de- 
rived from this land among the several colleges of the State. 
He maintained that Congress, in making the grant, had used 
the word University advisedly; that it was a collective term, 
meaning an assemblage of colleges established at one place. 
The friends of the bill based their arguments upon the fact 
that the General Assembly had prior to this time authorized 
the expenditure of parts of the University fund in estab- 
lishing branches at Dubuque and Fairfield, and in support- 
ing normal schools at Oskaloosa and Andrew, and by recent 
legislation had made the college at Keokuk a branch of the 

70 Senate Journal, 1856-1857, pp. 351, 352. 



THE EXECUTIVE VETO IN IOWA 181 



University. At the time this act was passed the legislature 
was considering other bills for the location of branches of 
the University at Glenwood and Fort Dodge, and for the 
establishment of an agricultural college at Delhi. 

Governor Grimes in commenting upon this situation in 
his veto message said: 

No one can divine how many other branches are in contemplation, 
and will be established if the principle heretofore acted upon is not 
checked. Every one who will reflect upon the subject, must per- 
ceive that this policy of distribution, if continued, will reduce the 
present institution to a shadow, impair its efficiency, and destroy 
the whole object of the grant J ^ 

Notwithstanding the force of this argument a majority of 
the members of the House were insistent upon passing the 
bill. In an attempt to enact the measure in spite of the Gov- 
ernor's disapproval the vote stood thirty-two to twenty- 
seven. 

On the same day on which this appropriation bill was 
vetoed, the Governor disapproved another bill providing 
that a certain public square in the village of Freeman 
should be vacated, the grounds sold, and the proceeds ap- 
propriated to the construction of a court house at St. 
Charles in Floyd County. The Governor objected to this 
bill because, while the legislature could legally vacate prop- 
erty, it could not control its disposition. He pointed out the 
fact that if the land belonged to Floyd County before it was 
dedicated to use as a public square, the title would revert to 
the county. On the contrary, if the land originally belonged 
to a private individual, then despite the act of the General 
Assembly the title would revert to the original owner. In 
the one case, the act would be useless ; in the other it would 
be void. He accordingly withheld his assent, and returned 
the bill to the House.'^^ 

71 House Journal, 1856-1857, pp. 431-434. 

72 EotLse Journal, 1856-1857, pp. 477, 478. 



1SL> IOWA JOURNAL OF HISTORY AND POLITICS 



The last bill vetoed by Governor Grimes was one which 
proposed to give the United States jurisdiction over all 
lands purchased as sites for public buildings in Iowa, and to 
exempt the same from taxation. The clause with reference 
to jurisdiction included both civil and criminal cases. It 
was upon this point that the Governor took issue with the 
General Assembly. His contention was that there was no 
substantial reason for granting to the United States exclu- 
sive criminal jurisdiction within the limits of the State. He 
argued that a criminal process issued under the authority of 
the State, for the violation of State laws, should not be pow- 
erless against the offender as soon as he passed the thresh- 
old of a building belonging to the Federal government. So 
insistent was he upon this principle that he said he would 
much prefer that the United States should never expend a 
dollar in the purchase of land, and the erection of public 
buildings within the state than to sacrifice the principle of 
state sovereignty in so essential a particular. ''^^ 

The Constitution of 1857 made no important change in 
regard to the Governor's veto power, except that it em- 
bodied a clause providing that any bill submitted to the 
Governor for his approval during the last three days of the 
session should be deposited by him, either with or without 
his signature, in the office of the Secretary of State within 
thirty days after the adjournment of the session. The new 
Constitution, however, reduced the term of office of the Gov- 
ernor from four to two years. It also provided for an elec- 
tion of certain State officers to be held in October, 1857. 

At this fall election Ralph P. Lowe was elected to the of- 
fice of Governor. During the two years which he served as 
chief executive, he felt called upon to veto but one measure. 
This was a joint resolution authorizing a commission to 
make certain revisions in the law of the State for the pur- 

73 Senate Journal, 1856-1857, pp. 495, 496. 



THE EXECUTIVE VETO IN IOWA 



183 



pose of making it conform to the new Constitution, and to 
submit these alterations to the General Assembly. This 
commission was also to prepare a code of civil and criminal 
procedure for the consideration of the legislature. The 
joint resolution in directing the action of an outside party, 
if properly executed, Governor Lowe maintained, would 
have had the full force and effect of an ordinary law. It 
was, therefore, subject to the same rules and regulations as 
other laws. The resolution did not, however, have the prop- 
er enacting clause, and upon this ground it was declared 
unconstitutional by the Governor. Other defects were set 
forth in the veto message, showing that the resolution was 
clearly objectionable."^^ Moreover, the records show that 
the members of the General Assembly were convinced of 
this fact, for upon a motion to pass the bill over the execu- 
tive veto only one vote was cast in its favor, while thirty 
votes were cast in support of the veto. 

On the eleventh day of January, 1860, before a joint con- 
vention of the two houses of the legislature Samuel J. Kirk- 
wood took the oath of office as Governor of the State. At 
the expiration of his first term he was reelected, and thus 
remained in office for a period of four years. During this 
time the paramount topic of concern was the Civil War. 
Accordingly there was little reason for contention between 
the Governor and the General Assembly. Notwithstanding 
this fact, however, six bills were passed by the legislature 
which were not approved by the Governor. The first was a 
bill amending the law relative to the meeting of the Board 
of Education. An act had been passed in 1858 stipulating 
that the Board of Education should hold a session at the 
capital of the State on the first Monday of December, 1859, 
and every second year thereafter.'^ ^ The legislature now 

74 Senate Journal, 1858, pp. 330, 331. 

75 Laws of Iowa, 1858, pp. 340, 341. 



184 IOWA JOURNAL OF HISTORY AND POLITICS 



proposed to postpone the next session until the first Monday 
of December, 1865. Governor Kirkwood was opposed to 
this measure. He contended that the best interests of the 
common school system required the attention of the Board 
of Education, and hence to postpone, for so long a period, 
the meeting of this board, would be to jeopardize the funda- 
mental interests of education in Iowa. 

In this opinion the members of the legislature did not all 
concur. A motion in the House to pass the measure over 
the Governor's veto was supported by forty-seven members, 
and opposed by thirty-two. Thus the motion was lost and 
the law of 1858 remained unaltered."^ ^ 

The Constitution of 1857 authorized the establishment of 
a State Bank with branches in various parts of the State. 
By the close of the year 1859 twelve branches had been or- 
ganized. They were located at the cities of Muscatine, Du- 
buque, Keokuk, Mount Pleasant, Davenport, Iowa City, Des 
Moines, Oskaloosa, Lyons, Washington, Burlington, and 
Fort Madison.'^'^ The law under which these banks were 
established seems to have been carefully framed and based 
upon a sound financial policy. The system was popular with 
the people, who desired a sound currency and security for 
deposits. There were, however, many capitalists in the 
State who desired a more liberal law. These men came be- 
fore the General Assembly and urged an amendment to the 
banking law. In response a bill was passed changing the 
existing law in three particulars : first, by permitting banks 
to be organized with a capital of twenty-five thousand dol- 
lars, instead of fifty thousand dollars ; second, by abolishing 
the office of Bank Commissioners ; and third, by permitting 
the establishment of banks in towns with a population of 
two hundred and fifty inhabitants, instead of five hundred. 

76 Bouse Journal, 1860, pp. 379, 380. 

77 Gue's History of Iowa, Vol. II, pp. 32, 33. 



THE EXECUTIVE VETO IN IOWA 



When this measure was sent to Governor Kirkwood for his 
approval, he returned it with a veto. One of his objections 
was that it would be unwise to dispense with the Bank Com- 
missioners, who were the special guardians of the deposi- 
tors, and whose duty it was to make examinations of the con- 
dition of the banks to see that the laws were strictly obeyed. 
He also disapproved the policy of establishing banks in 
small towns inaccessible to the bill-holders. Although the 
Grovernor's arguments did not convince all of the members 
of the legislature, the bill was not passed over his veto, and 
no banks were ever established in accordance with the pro- 
posed law."^^ 

The two following bills vetoed by Governor Kirkwood 
were such as to require but a brief consideration in this con- 
nection. One of these was a bill to cede the jurisdiction 
over certain lots in the city of Dubuque to the United States 
government. The objection to this bill was essentially the 
same as that presented by Governor Grimes to the bill grant- 
ing to the United States jurisdiction over all lands pur- 
chased as sites for public buildings, namely, that in criminal 
offenses the jurisdiction should in no case be surrendered 
by the State.^^ 

The other bill was one providing for electing the Supreme 
Court Eeporter and defining his duties. It was presented 
to the Governor without the required enacting clause, and 
hence was declared unconstitutional.^^ 

The next regular session of the legislature convened on 
January 13, 1862, and continued in session until April 8th of 
the same year. On April 7th, the day previous to adjourn- 
ment, two bills were presented for the Governor's approval. 
These measures were found objectionable, and having been: 

78 Senate Journal, 1860, pp. 677-679. 

79 House Journal, 1860, pp. 638, 639. 

80 Senate Journal, 1860, p. 713. 

VOL. XV — 13 



186 IOWA JOURNAL OF HISTORY AND POLITICS 



passed during the last three days of the session were sent 
with the Governor's objections to the office of the Secretary 
of State. 

The first of these hills was for an act to amend the law 
relative to the government and regulation of the State Uni- 
versity. The law as it then existed authorized the Board of 
Trustees of the University to elect a president and the 
requisite number of professors, and to determine their 
respective salaries ; and also to determine the tuition fee to 
be charged students attending the University. The pro- 
posed law was an attempt to fix the number of professors 
and assistants and their compensations, and also to fix the 
fees for tuition. The bill stipulated such low salaries for the 
president and professors, and such a high rate of tuition 
that Grovernor Kirkwood considered it detrimental to the 
best interest of education. ^^I am strongly impressed with 
the belief, he said in his veto message, ^Hhat if the pro- 
posed bill should become a law the operations of the Uni- 
versity would necessarily be suspended. This I would 
regard as a great calamity to the cause of education in the 
State.' 

The other bill vetoed and sent to the office of the Secre- 
tary of State was one attempting to change the salaries of 
the judges of the Supreme and district courts and of cer- 
tain other State officers. Section nine, article five of the 
Constitution provided that the salaries of the Justices of 
the Supreme Court should be two thousand dollars per 
year, and that the compensation should not be increased 
nor diminished during the term for which a Justice had 
been elected. Governor Kirkwood 's interpretation of the 
law was that the constitutional provision was effective un- 
til 1860, after which time the General Assembly might pre- 

81 Shambaugli 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 367. 



THE EXECUTIVE VETO IN IOWA 



187 



scribe the compensation of judges. But as a matter of fact 
a law passed in that year (1860) prescribed again the same 
compensation of $2000 per year, and this provision, in the 
opinion of the Governor, could not be changed at that time.^^ 

In the fall of 1863 William Milo Stone was elected Gov- 
ernor of the State. Two years later he was reelected, thus 
serving for a period of four years. During this time he 
exercised the veto power three times. In each case the bill 
in question was defective in form and was returned to the 
General Assembly for further consideration. In March, 
1864, the legislature passed a bill to provide for the publi- 
cation of an act of the Tenth General Assembly regulating 
the fees of district attorneys. The act which was intended 
to be published was an amendment to an act passed at the 
extra seesion of the Ninth General Assembly. Through 
some mistake the words regular session" were used in- 
stead of extra" or special session". Because of this 
error the bill was vetoed.^^ 

The second instance of Governor Stone 's use of the execu- 
tive veto was in March, 1866. At this time the General As- 
sembly passed a bill to amend a section of an act passed 
by the Tenth General Assembly. The bill referred to the 
section and chapter to be amended, but failed to specify 
either the session of the General Assembly by which the 
original act was passed, or the volume of session laws in 
which the act might be found, thus leaving the amendatory 
act void because of uncertainty. The title of the act indi- 
cated the source of the original bill with sufficient clearness, 
but as the title is not regarded as a part of the bill, the Gov- 
ernor maintained that it could not be relied upon to supply 
the defect found in the bill itself.®^ 

82 Shambaugh 's Messages and Proclamations of the Governors of lotva, Vol. 
II, pp. 368-370. 

83 Senate Journal, 1864, p. 443. 

84 Senate Journal, 1866, p. 333. 



188 IOWA JOURNAL OF HISTORY AND POLITICS 



At the same session of the legislature, in March, 1866, 
an act Avas passed legalizing an election which had been held 
at ^lorning Sun, in Louisa County, in April, 1865. In fram- 
ing this act the author had failed to indicate the title. The 
Constitution requires that the subject of an act shall be 
expressed in the title, and that if a subject is embraced in 
the act and not expressed in the title, that portion of the 
act shall be void. The meaning of the Constitution is clear 
upon this point and since the bill in question was directly 
covered by this clause, the Governor had no choice in the 
matter, but was forced to return the bill for correction.^^ 

In the case of each of the three bills vetoed by Governor 
Stone there was a motion to pass the measure over the veto, 
but in no case was the motion carried or even seriously con- 
sidered by the members of the legislature. 

At the close of Governor Stone's second administration 
in January, 1868, Samuel Merrill became Governor of the 
State. During the first two years of his service there was 
no occasion for the exercise of the veto power. He was 
elected, however, for a second term and during this period 
six bills were vetoed. 

On March 8, 1870, there was introduced into the Senate 
a bill for the purpose of enabling a certain township to hold 
a special election. The time stipulated for the holding of 
this election was ^*on the last Monday of March, 1870''. A 
further provision of the bill was that the posting of copies 
of the act in three public places within the township, ten 
days before the date of election, should be sufficient notice 
of the election. This bill did not finally pass the two houses 
and come to the Governor for his approval until March 21st, 
just a week prior to the date fixed for the election. Accord- 
ingly, the required ten days could not be given and the act 
was of no effect. Governor Merrill pointed out this fact, 

85 Senate Journal, 1866, p. 479. 



THE EXECUTIVE VETO IN IOWA 



189 



which in itself was sufficient reason for vetoing the bill. He 
went further, however, and expressed his belief that the 
proposed measure was an attempt at special legislation, and 
therefore unconstitutional. It is evident that the members 
of the Senate were convinced of their error, for upon a mo- 
tion to pass the bill over the veto, a unanimous vote of for- 
ty-two ballots was cast in support of the Governor's view.^^ 

A bill for releasing to James H. J ordan the interest of the 
State in certain lands located in Davis County was intro- 
duced into the Senate on March 24, 1870. The property in 
question consisted of a half section of the saline grant which 
at that time constituted a part of the University endowment. 
The question of the title to the land was involved and it had 
been agreed by the parties that the case should be taken 
into court in May, and the real ownership of the land deter- 
mined. The bill granting a release of the State's interest 
was, however, passed by the two houses, and on April 8, 
1870, was presented to the Governor for signature. Gover- 
nor Merrill was of the opinion that the matter should have 
been left to the courts, and accordingly, after some delibera- 
tion, vetoed the bill. cannot but think the present an 
inopportune time for the action proposed", he declared. 
^^If Mr. Jordan's title is good in law, the courts will un- 
doubtedly sustain it. If it is not, and yet he has equitable 
claims, the Board of Trustees of the University, it is be- 
lieved, may be relied on to do justice therein, as they have 
done in like cases heretofore. ' '^"^ 

It is interesting to note in this connection that the mem- 
bers of the Senate were not favorably impressed with the 
attitude of the Governor on this question. A motion to 
pass the bill over his veto was carried in the Senate by a 
vote of thirty-nine to six. No record is found, however, 

86 Senate Journal, 1870, p. 325. 

87 Senate Journal, 1870, p. 531. 



190 IOWA JOURNAL OF HISTORY AND POLITICS 



that the bill was passed a second time by the House or that 
it ever became a law. 

The legislative session of 1870 came to an end on the thir- 
teenth day of April. During the last three days of the 
session there were presented to the Governor four bills 
which were eventually vetoed and deposited with the Secre- 
tary of State. The first of these was an act to enable school 
districts to borrow money for the erection of school houses. 
The bill provided for the reappraisement of property in 
independent school districts where there had been a decided 
increase in the value of the property since the last biennial 
appraisement. With this new valuation as a basis the 
district was to be given power to borrow money for the 
construction of school houses to an amount not to exceed 
five per cent of the appraised value. 

The Constitution of Iowa, however, provides that no 
^'county or other political or municipal corporation shall 
be allowed to become indebted in any manner or for any 
purpose to an amount in the aggregate exceeding five per 
centum on the value of the taxable property within such 
county or corporation, to be ascertained by the last State 
and county tax lists previous to the incurring of such indebt- 
edness." The provision of the Constitution thus makes it 
clear that the taxes are to be levied by taking the State and 
county tax lists as a basis. This being the case, the Gover- 
nor maintained that any provision for a tax levy based upon 
a special appraisement of property would be unconstitu- 
tional and void. It was upon this ground that he vetoed the 
measure.^^ 

Upon the same day that this bill was vetoed (May 13, 
1870) the Governor sent to the office of the Secretary of 
State without approval an act for the relief of Marion Coun- 

88 Shambaugli 's Messages and Proclamations of the Governors of Iowa, Vol. 
Ill, pp. 389-391. 



THE EXECUTIVE VETO IN IOWA 



ty for money stolen from the county safe. On the night of 
Febriirary 9, 1867, robbers had entered the office of the 
county treasurer of Marion County and taken from the safe 
about thirty-two thousand dollars, twenty thousand of 
which belonged to the school fund.^^ Early in February, 
1870, D. T. Durham, a member of the House, introduced a 
bill for the relief of Marion County, one of the provisions of 
the bill being that the county be given credit for several hun- 
dred dollars of the permanent school fund. Governor Mer- 
rill objected to the measure. *^The school-fund of the State 
the offspring of the munificence of the federal government'', 
he said, ^4s too lightly guarded at best, in my judgment, 
under existing laws, and I cannot consent to the relinquish- 
ment of any portion of it, even though to do it might afford 
temporary relief to a county suffering from a robbery. 

Another bill deposited with the Secretary of State at this 
time was one conferring certain powers on the judges of the 
circuit courts. The contents of the bill do not appear in the 
records, but from the brief veto message it is clear that the 
bill was hastily and carelessly drafted. In speaking of the 
fourth section of the bill. Governor Merrill suggested that 
its provisions must have resulted from an oversight or from 
haste and a want of due consideration. He thought that 
such a provision in the law would be productive of confu- 
sion, and therefore deemed it his duty to veto the bill.^^ 

The last legislative measure disapproved of by Governor 
Merrill was a bill empowering the Governor to release cer- 
tain lands in Pocahontas County to the United States. 
This bill was designed to secure the relinquishment of the 

»Q Annals of Iowa (First Series), Vol. VIII, pp. 383, 384. 

90 Shambaugh's Messages and Proclamations of the Governors of Iowa, Vol. 
Ill, p. 392. 

91 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
Ill, pp. 392, 393. 



192 IOWA JOURNAL OF HISTORY AND POLITICS 



lands to the United States in order that they might be certi- 
fied to the State as swamp land. The sole purpose of the 
bill appears to have been to make possible the necessary 
step for clearing the title of the lands held by Marcus I. 
Sacia, who had purchased them from Pocahontas County. 
The Governor believed that such an act should not be passed, 
because the claimant had made the purchase with full knowl- 
edge of the defect in the title. As pointed out in the veto 
message the Governor could have allowed the bill to become 
a law and then have refused to execute it, for the act was so 
framed as not to require the Governor to relinquish the land, 
but merely empowered him to do so at his option. Gover- 
nor Merrill, however, chose to veto the bill, rather than to 
allow it to become a law and then not be carried into effect.^^ 

In January, 1872, Cyrus C. Carpenter of Fort Dodge be- 
came Governor of the State. He served for two terms, 
until January, 1876, during which time he exercised the veto 
power four times. On March 23, 1872, the Fourteenth Gen- 
eral Assembly passed a bill relative to the collection of taxes 
to aid in the construction of railroads in Clinton and Jack- 
son counties. This bill stipulated ^Hhat in any township, 
incorporated city or town in the counties of Clinton and 
Jackson, where a tax has been voted to aid in the construc- 
tion of any railroad, such a tax in said counties shall be 
collected only on the basis of the valuation as determined 
by the board of supervisors of said counties, and not on the 
valuation where it has been raised by the State Board of 
Equalization". 

The Constitution of 1857 provides that the laws of the 
State shall not be of a local or special character, but shall 
whenever possible be general and of uniform application 

92 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
Ill, pp. 393, 394. 



THE EXECUTIVE VETO IN IOWA 



193 



througliout the State. In the opinion of Governor Carpen- 
ter the proposed measure was in conflict with this provision 
of the Constitution and was therefore void. This opinion 
was concurred in by the Attorney General and accordingly 
the act was declared unconstitutional. Other objections to 
the bill, as pointed out in the veto message, were that fair- 
ness demanded that the laws be uniform throughout the 
several counties of the State, and that the proposed measure 
if adopted would tend to establish a precedent which, if 
followed, would prove a proMc source of litigation. Upon 
these grounds the bill was vetoed and returned to the 
Senate.^3 

On March 1, 1872, there was introduced in the House of 
Eepresentatives a ^'Memorial and Joint Resolution to Con- 
gress relative to homestead settlers on lands claimed by 
railroads in Iowa. ' ' This memorial set forth the fact that 
in May, 1856, Congress had granted to certain railroads a 
large amount of the public domain in Iowa, that in June, 
1864, additional grants were made, and that in August of 
that year the Commissioners of the General Land Office 
expressly decided that the lands included in the supple- 
mental grant did not inure to the railroads in such a manner 
as to prevent homestead settlement. It was alleged that 
under this ruling many homestead settlers had entered this 
land, and after having lived upon it for five years and im- 
proved it, were informed that by a subsequent ruling of the 
Department of the Interior their claims for homesteads 
were disallowed and cancelled. It was therefore resolved 
that ^^our Senators in Congress be instructed, and our Rep- 
resentatives requested, to use all possible efforts to secure 
the passage of a law or resolution, or other measure grant- 
ing to the several railroads, other lands as indemnity, and in 
lieu of the lands so settled upon as homesteads, and procur- 
es Senate Journal, 1872, pp. 423,. 424. 



194 IOWA JOURNAL OF HISTORY AND POLITICS 



iiig a lease from the railroads of their claims to the home- 
steads and pre-emption settlers of the lands upon which 
they have so settled ; or to extend to such settlers such other 
relief as may come within the scope of the powers of the 
General Government/''^'' After much consideration this 
resolution was finally passed and presented to the Governor 
on April 23, 1872 — the last day of the session. 

Governor Carpenter upon receiving the proposed meas- 
ure set about to ascertain the exact facts in the case, and 
subsequently received a letter from the Department of the 
Interior stating that the Federal government had not at any 
time declined to issue patents for lands entered subsequent 
to the passage of the law of 1856, and prior to the definite 
location of the respective lines. He was of the opinion that 
anyone making a settlement on these lands subsequent to 
that time must have done so with knowledge of the existing 
claims and was, therefore, not entitled to relief. He stated, 
moreover, that it was a high prerogative to the State gov- 
ernment to be clothed with authority to indicate to the Sen- 
ators and Representatives in Congress the wishes of the 
people. And he contended that such a prerogative should 
be exercised very sparingly. For these reasons he declined 
to sign the proposed measure, but deposited it, together 
with his veto message and a letter from the Department of 
Interior, with the Secretary of State.^^ 

The two remaining bills vetoed by Governor Carpenter 
during his administration were a bill with regard to the 
sale of school lands, and a bill to repeal a certain section of 
the Code of 1873 and provide a substitute therefor. The 
first of these bills was passed at the special session of the 
legislature in 1873 and was presented to the Governor with- 
out an enacting clause. It was therefore clearly unconstitu- 

»4 Eouse Journal, 1872, pp. 325, 326. 

95 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
rv, pp. 178-180. 



THE EXECUTIVE VETO IN IOWA 195 



tional, and as it had been passed during the last days of the 
session it was deposited, together with the veto message, in 
the office of the Secretary of State.^^ 

The hill relative to amending the Code was passed by the 
Fifteenth General Assembly in 1874 and contemplated an 
alteration in the law relative to the change of venue in crim- 
inal cases. Chapter twenty-four, title twenty-five of the 
Code of 1873 provided that in criminal cases the defendant 
might petition for a change of venue to another county. 
Section 4374 of this chapter provided that the court should 
exercise its discretion in the granting or rejecting of such a 
petition. The object of the proposed law was to provide 
that, in cases where the accused filed the proper petition 
supported by an affidavit, basing them upon the prejudice 
^ of the judge, no discretion should be left with the court, but 
that it should be the duty of the judge to order the change 
of venue regardless of his own opinion relative to the 
matter. 

There was nothing in the act to limit the number of times 
that the accused might thus secure a change of venue. It is 
clear that the enactment of such a measure would lead to 
much delay in the conducting of criminal cases. This, as 
was pointed out in the veto message, would not only result 
in additional expense to the State, but in many cases would 
actually defeat justice. It was contended, moreover, that 
under the existing law no prejudice could endanger the 
rights of the criminal defendant, so long as the Supreme 
Court was open for a re-hearing. With these objections to 
the proposed law. Governor Carpenter on February 24, 
1874, returned the bill to the House without his signature.^ ^ 

At the close of Cyrus C. Carpenter's second term of ser- 

«6 Shambaugli 's Messages and Proclamations of the Governors of loiva, Vol. 
IV, p. 180. 

»7 House Journal, 1874, pp. 292-296. 



!()() IOWA JOURNAL OF HISTORY AND POLITICS 



vice Samuel eT. Kirkwood was again elected Governor of the 
State. He entered upon his third term in January, 1876, 
and continued in office until February, 1877, when he re- 
signed to accept a seat in the United States Senate. As Gov- 
ernor he was succeeded by Joshua G. Newbold, who had 
been elected Lieutenant Governor in 1875. Governor New- 
bold continued in office only until January, 1878, when he 
was succeeded by John H. Gear. Governor Gear served as 
chief executive of the State for two terms, until January 12, 
1882. It is interesting to note that during the two years in 
which Governor Kirkwood and Governor Newbold were in 
office, and during the four years which Governor Gear 
served there were no bills passed by the General Assembly 
which were not approved by the chief executive. Indeed, 
there was a period of almost eight years during which the 
veto power was not exercised by the Governor of Iowa. 

On January 12, 1882, Buren R. Sherman of Vinton be- 
came Governor of the State. Two years later he succeeded 
himself, thus serving for a period of four years. Shortly 
after his inauguration in 1882 there was presented for his 
approval an act to legalize the defective acknowledgments 
to written instruments. This bill provided that ^^the 
acknowledgments of all deeds, mortgages, or other instru- 
ments in writing, taken and certified previous to the passage 
of this act, and which have been admitted to record in the 
proper counties in this State, be and the same are hereby 
declared to be legal and valid in all courts of law and equity 
in this State, anything in the law of the Territory or the 
State of Iowa in regard to acknowledgments to the con- 
trary notwithstanding.'^ The following section of the act 
provided, moreover, that even where the officer taking the 
acknowledgment had failed to affix his seal, the acknowledg- 
ment should nevertheless be considered as good and valid 
both at law and equity. Thus it is apparent that the pro- 



THE EXECUTIVE VETO IN IOWA 



posed measure was very broad in its scope, so much so that 
in the opinion of the Governor it would have provoked liti- 
gation rather than eliminated it. He said, also, that legal- 
izing acts, at best, were of doubtful expediency and he was 
persuaded that a measure so general as the one proposed 
should not receive the sanction of the legislature.^^ In this 
opinion the members of the Senate did not concur, for a mo- 
tion to pass the bill over the Grovernor's veto was carried by 
a vote of twenty-seven to eleven. There is no record, how- 
ever, that such a motion was presented in the House. At 
any rate the bill never became a law. 

Following the date of this veto a period of six years 
elapsed during which no bill met with executive disapproval. 
In the meanwhile, Grovernor Sherman had completed his 
four years of service and had been succeeded by William 
Larrabee, who became Governor in January, 1886. It was 
not until the beginning of Governor Larrabee 's second term 
(in April, 1888) that the next measure objectionable to the 
executive was passed by the General Assembly. 

This was a bill to amend a law of the Eighteenth General 
Assembly regulating the ^^good time'' of prisoners in the 
penitentiaries of the State. It appears that this was a bill 
of general application attempting to reduce the length of 
time which criminals, already convicted of crime, should be 
required to serve in the State penitentiaries. As was 
pointed out in the veto message, the bill, had it become a 
law, would have resulted in the discharge from the peniten- 
tiaries during the first year of about sixty convicts over and 
above those whose terms expired during the same period 
under the then existing law. The Governor said that he 
could not consent to such a wholesale disturbance of the 
judgments of the courts. 

98 Senate Journal, 1882, pp. 472, 473, 481. 



198 IOWA JOURNAL OF HISTORY AND POLITICS 



He pointed out, moreover, that the State Constitution de- 
clared that there should be three branches of government 
and that no person charged with the exercise of powers 
within one department should exercise any function belong- 
ing to either of the others. The proposed bill, he said, was 
an attempt on the part of the legislature to exercise execu- 
tive power in the granting of reprieves, commutations, and 
pardons. With these objections the Governor sent the pro- 
posed measure to the office of the Secretary of State, the bill 
having been presented to him for his approval on the last 
day of the legislative session.^^ 

Another bill presented to the Governor at the same time 
was one attempting to repeal a law of the Seventeenth Gen- 
eral Assembly relative to the taxation of telegraph and tele- 
phone lines and to enact a new law in lieu thereof. The 
existing law provided that officers of telegraph and tele- 
phone lines should file annual reports with the State Audi- 
tor, and that with these reports as a basis the State Board 
of Equalization should assess the companies, and that the 
taxes thus levied should be payable into the State treasury. 
The purpose of the proposed law was to make such taxes 
payable to local rather than State officers. To carry out the 
provision of the act would have required a survey of all the 
lines in the State, having regard for the boundaries of all 
counties, townships, and municipalities, together with an 
inventory of all properties in each of these divisions. Gov- 
ernor Larrabee pointed out the fact that an ^'imperfect 
compliance with these requirements would result in much 
confusion and litigation, while on the other hand a strict 
compliance therewith would not only entail upon the owners 
of such lines or those operating them an unusual burden of 
trouble and expense, but would greatly increase the labor 

99 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
VI, pp. 198-202. 



THE EXECUTIVE VETO IN IOWA 



and expense incident to the public officers of the State. ''^^^ 
He contended, moreover, that there was no sufficient reason 
for making the change, and that the benefits to be derived 
would in no case compensate for the disadvantages. The 
legislature having adjourned, this bill was sent with the 
previous one to the office of the Secretary of State. 

In January, 1890, Horace Boies of Waterloo became Grov- 
ernor of Iowa. It was during his second term, in March, 
1892, that he received from the legislature the only bill 
vetoed during the four years of his administration. This 
was a bill for ^'an act to protect the makers of negotiable 
instruments in certain cases.'' The exact form of this bill 
is not preserved in the journals, but from extrinsic evi- 
dences it appears that it dealt with notes taken by peddlers 
and other itinerant vendors. Thus an attempted substitute 
for the first section of the bill provided that notes taken by 
any peddler for the purchase price of *^any patent, patent 
right, patent medicines, lightening rods, goods, wares or 
merchandise, and all notes taken by any insurance agent for 
the premium on any policy of insurance" should contain a 
statement of the consideration for which the note was given, 
and that any subsequent holder would be presumed to have 
taken the same with notice of all defenses. It was further 
provided that any peddler or agent taking such a note with- 
out indicating on the face such consideration would be 
deemed guilty of a felony. 

It is apparent that members of the legislature were not 
entirely satisfied with the bill. One of the members of the 
House explained his attitude by saying that ^ ^ I cannot sup- 
port this bill for the reason that it discriminates against a 
class, who as a rule are doing legitimate business, and de- 
prives them from the right guaranteed by the constitution, 

100 Shamfcaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
VI, pp. 202-205. 



200 IOWA JOURNAL OF HISTORY AND POLITICS 

both of the state and the nation, and is class legislation of 
the worst type/'^^^ Governor Boies interpreted the meas- 
nre as being in conflict with the fourteenth amendment of 
the Federal Constitution. He said that such a bill if passed 
would both abridge the privileges and immunities of citi- 
zens, and deny the parties affected * ^ the equal protection of 
the laws. " Other objections to the measure were found and 
recorded in the veto message which, together with the bill 
itself, was sent to the Senate.^^^ 

Frank D. Jackson was elected Governor of the State in 
the fall of 1893, and entered upon his duties in January of 
the following year. On the sixth day of April, 1894, the last 
day of the session of the Twenty-fifth General Assembly, 
there was presented for his approval a bill relative to fra- 
ternal beneficiary societies. The seventh section of this bill 
prescribed the manner in which a fraternal beneficiary soci- 
ety should be incorporated. In drafting the bill the legis- 
lators used the following words : ^^and when at least 

hundred persons have subscribed in writing When the 
measure was sent to the Governor he pointed out the fact 
that the bill was incomplete and uncertain for the reason 
that the number of subscribers had not been supplied. He 
said that without this number the bill was void and that 
since it was a legislative enactment the number could not be 
supplied by the executive. 

The ninth section of the bill was equally objectionable. 
It provided in effect that a member of the society in order 
to secure the benefits of the organization must pay all as- 
sessments himself, that is, there could be no agreement be- 
tween a member and his beneficiary whereby the beneficiary 
should pay the assessments. The Governor interpreted this 
as meaning that a member, becoming ill and unable to pay 

101 Kouse Journal, 1892, pp. 624, 625. 

102 Senate Journal, 1892, pp. 699-701. 



THE EXECUTIVE VETO IN IOWA 



201 



his assessments in person, could not arrange with a friend 
to pay the dues and thereby retain the benefits of the organ- 
ization. Upon these two grounds he vetoed the measure and 
deposited it in the office of the Secretary of State.^^^ 

The next measure to call forth the exercise of the execu- 
tive veto was passed by the General Assembly in April, 1896, 
during the administration of Governor Francis M. Drake. 
This bill was designed to amend a section of a law passed 
by the Twenty-fourth General Assembly, relative to the 
establishment of a board of park commissioners in certain 
cities of the first class. The attempt was to make the law 
applicable ''to all cities which had a population of 25,000 at 
the state election in 1895. ' ' 

The Governor was in favor of the principle involved in 
the bill, but considered it unconstitutional on the ground 
that it was a piece of special legislation. In order that he 
might not err in this matter, he submitted the question to 
Attorney General Milton Eemley, who concurred in the 
opinion of the Governor, and suggested that the bill be 
amended by striking out the words ' ' at the time of the state 
election in 1895". In this way, he said, the constitutional 
objection could be overcome. Upon the receipt of this com- 
munication from the Attorney General, Governor Drake re- 
turned the bill, together with Mr. Eemley 's letter, to the 
House where the bill had originated.^^* 

In January, 1898, Leslie M. Shaw became Governor, serv- 
ing in that office for a term of four years. During this time 
two bills were vetoed. The first of these was a measure 
attempting to amend section 4045 of the Code of 1897 deal- 
ing with redemption, which provided that the ' ' debtor may 
redeem real property at any time within one year from the 

103 Shambaugh 's Messages and Proclamations of the Governors of loica, Vol. 
VII, pp. 58-61. 

104 House Journal, 1896, pp. 1193, 1194. 

VOL. XV — 14 



202 H)WA JOURNAL OF HISTORY AND POLITICS 



date of sale, and will in the meantime be entitled to the pos- 
session thereof. The proposed measure was an attempt 
to add the words ^'any provision in any contract to the con- 
trary notwithstanding. ^ ' 

The Governor considered this measure unconstitutional 
because it was an abridgment of the right of contract. He 
expressed his desire to protect the unfortunate debtor in 
every possible way, but considered it as neither wise nor 
constitutional to deprive him of a free disposition of his 
property and of an opportunity to save ^^at least a pittance 
out of the remnant of his property. ''^^^ 

The other measure disapproved by Governor Shaw was 
an act to amend the laws of the State relative to insurance. 
Section 1742 of the Code of 1897 provided in substance that 
in any action brought on any policy of insurance for the loss 
of any building insured, the amount stated in the policy 
should be received as prima facie evidence of the value of 
the property, but that evidence might be introduced to show 
the real value, and that the insurance company was liable 
for the amount of the actual loss, provided that amount did 
not exceed the sum stipulated in the policy.^^^ It appears 
that the proposed measure was an attempt to make the in- 
surance company liable for the full face value of the policy, 
regardless of the actual value of the property. The bill was 
passed by the General Assembly and presented to the Gov- 
ernor during the last three days of the session. Governor 
Shaw was of the opinion that the proposed law would en- 
able unscrupulous parties to insure property for a sum ex- 
ceeding its value and then to cause the destruction of the 
property as a means of financial gain to themselves. This 
he contended would not only increase fraud and crime, but 

105 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
VII, pp. 371, 372. 

106 Code of 1897, Sec. 1742. 



THE EXECUTIVE VETO IN IOWA 203 



would materially increase the rate which the insurance com- 
panies would be obliged to charge in order to continue in 
business. 

During the thirty days which were allowed by the Consti- 
tution for the consideration of the merits of the bill Gov- 
ernor Shaw collected a large mass of evidence from other 
States, all of which tended to substantiate his view concern- 
ing the objectionable features of the proposed law. Thus he 
showed that in the State of Missouri where a similar law 
was in operation the rate of insurance was much higher 
than in Iowa, and moreover, that since the enactment of the 
Missouri law there had been a material increase in the an- 
nual loss by fire. Aside from data collected from States 
where laws similar to the proposed measure were in opera- 
tion. Governor Shaw quoted at length from messages of 
various Governors in neighboring States where such laws 
had recently been vetoed. All of this evidence, together 
with the proposed bill, was deposited in the office of the 
Secretary of State. The Governor explained, however, that 
if upon further consideration the General Assembly should 
deem it wise to reenact the bill he would offer no further 
opposition to the measure.^^'^ 

Albert B. Cummins was elected Governor in the fall of 
1901, and entered upon the duties of office on the sixteenth 
of January in the following year. On February 5th Senator 
F. M. Molsberry introduced a bill to amend section 1611 of 
the Code of 1897.^^^ The existing law provided that the in- 
debtedness of corporations should be limited, and that in no 
case, except in risks of insurance companies, should the 
amount of indebtedness exceed two-thirds of the capital 
stock of the corporation.^^^ The bill under consideration 

107 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
VII, pp. 372-391. 

108 Senate Journal, 1902, p. 177. 

109 Code of 1897, Sec. 1611. 



204 IOWA JOURNAL OF HISTORY AND POLITICS 

was an attempt to remove this restriction in so far as it ap- 
plied to any railroad corporation owning or operating a 
railroad or railroads in this and any other state. ' ' 

Governor Cummins objected to this measure, first, be- 
cause it was a piece of special legislation, applying only to 
those corporations which owned and operated railroads ly- 
ing partly within and partly without the State, and did not 
apply to railroads wholly within the State. A second ob- 
jection was that the bill applied only to corporations own- 
ing or operating" railroads and left out of consideration 
any corporation that might wish to construct a new road. 
In the third place he was opposed to the measure because he 
believed it to be against the best interest of the State to 
allow any corporation to incur unlimited liabilities. With 
these objections he returned the proposed measure to the 
Senate where it had originated. There was a motion to pass 
the bill over the veto but this motion was lost by a unani- 
mous ballot of thirty-seven votes. 

At the close of the session of the Twenty-ninth General 
Assembly, on April 11, 1902, there was left in the hands of 
the Governor a bill, the purpose of which was to amend the 
law with reference to notes taken for insurance policies. 
The law as it then existed provided that any note taken for 
insurance, in any company doing business in the State, 
should show upon its face that it had been taken for insur- 
ance, and that such a note should not be collectible unless 
the company and its agent had fully complied with the law 
relative to insurance.^^^ The bill under consideration was 
an attempt to amend the law in such a way as to make notes 
for insurance payable only in the county where the maker 
resided at the time of executing the note.^^^ 

110 Senate Journal, 1902, pp. 786-791, 886, 887. 

111 Code of 1897, Sec. 1726. 
iiaFotise Journal, 1902, p. 244. 



THE EXECUTIVE VETO IN IOWA 205 



Governor Cummins considered this measure unconstitu- 
tional, because it impaired the obligation of contracts and 
made an artificial classification of insurance companies. He 
accordingly sent the bill to the office of Secretary of State, 
setting forth the reasons for his disapproval.^^^ 

A period of four years now elapsed before the right of ex- 
ecutive veto was again exercised. On March 29, 1906, 
Senator Smith of Mitchell County introduced a bill to amend 
the Code relative to railway rates. The existing law pro- 
vided that it should be unlawful for any common carrier to 
charge or receive any greater compensation in the aggregate 
for the transportation of passengers for a short than for a 
long distance. It provided further that freight rates should 
be fair and just, compared with the rate charged for similar 
kinds of freight transportation.^^"* 

Governor Cummins, in his message to the Thirty-first 
General Assembly, had recommended a change in this law 
in so far as it applied to passenger rates, but not in its ap- 
plication to freight rates. The bill introduced by Senator 
Smith was drawn, however, in such a way as to change the 
law with regard to both passenger and freight rates. In 
this form it passed the two houses and at the close of the 
session was left in the hands of the Governor for his consid- 
eration. A few days later, on May 5th, Governor Cummins 
sent the proposed measure, together with a veto message, to 
the office of the Secretary of State, saying: ''If the bill had 
been restricted to passenger rates it would be unobjection- 
able, but the introduction of freight rates makes so radical 
a change in the law as it has existed in the state for eighteen 
years that I am not prepared to approve it.'^^^^ 

Manuscript copy of veto message, May, 1902, in the office of the Secretary 
of State, Des Moines. 

114 Code of 1897, Sec. 2126. 

115 Manuscript copy of veto message, May 5, 1906, in the office of the Secre- 
tary of State, Des Moines. 



206 IOWA JOURNAL OF HISTORY AND POLITICS 



During the session of the Thirty-second General Assem- 
bly, in 1907, four bills were introduced which were found to 
be objectionable to the Governor. The first of these was 
introduced in the Senate in February, 1907, and was de- 
signed to amend the law with reference to the custodian of 
State documents and publications. Section one, chapter five 
of the laws of the Thirtieth General Assembly provided that 
the Secretary of State should act as custodian.^^^ The sec- 
ond sentence of this section began with the word **he'' re- 
ferring to the Secretary of State and the provisions which 
followed related to his powers and duties. The adoption of 
the measure as proposed would have changed the construc- 
tion in such a way as to make the word **he'' refer to the 

document librarian'' and thus place a new meaning upon 
the entire section. Such a change was evidently not the in- 
tent of the legislators. 

Another objectionable feature of the bill was the fact that 
it prescribed the salary to be paid to certain employees. It 
had long been the policy of the State to leave this matter 
with the Committee on Eetrenchment and Eeform. The 
Governor thought this policy a wise one, and one from 
^ which there should be no departure. Upon these two 
grounds he vetoed the measure.^^''' 

The second bill vetoed during this legislative session was 
one introduced in the House by Eepresentative Willard C. 
Earle of Allamakee County, and was an attempt to amend 
the law with reference to the care and propagation of fish.^^^ 
Section 2540 of the Code Supplement of 1907 prohibits the 
taking from the waters of the State any bass, catfish, wall- 
eyed pike, or trout less than six inches in length.^^® The 

116 Laws of Iowa, 1904, p. 4. 

117 Senate Journal, 1907, pp. 848, 849. 
-^-^^ Bouse Journal, 1907, p. 673. 

ii« Code Supplement of 1907, Sec. 2540. 



THE EXECUTIVE VETO IN IOWA 



207 



fourth section of the proposed bill provided that it should 
be unlawful for any person to take from the boundary wa- 
ters of the State, or to buy or sell, or have in his possession 
any bass less than eight inches, any pike less than fourteen 
inches, or any catfish less than ten inches in length. Gov- 
ernor Cummins interpreted the Code section as referring 
only to the interior waters of the State, and expressed a 
doubt as to whether the legislature could fix the terms upon 
which fish could be taken from the boundary rivers. A more 
serious objection to the bill was found, however, in the fact 
that if it should become a law sportsmen could take from 
interior waters bass, catfish, pike, or trout of six inches or 
more in length, but could not take them from the boundary 
rivers unless they were of the size prescribed in section four 
of the bill. This was clearly a discrimination for which 
there was no reason. 

The Governor showed a further incongruity in the bill 
when he said that '4f a person is about to buy, say, a wall- 
eyed pike, and he finds one in the market twelve inches long 
it would be lawful for him to buy it, if it came from the in- 
terior waters, but he would be a criminal if it happened to 
come from boundary waters.'^ This was clearly not the in- 
tent of the legislators and accordingly the Governor re- 
turned the measure without his signature.^^^ 

On February 7, 1907, Senator Jamison of Clarke County 
introduced a bill for an act to amend the Code relating to 
the distribution of dividends on stock in stock companies 
writing participating life insurance policies.^^^ The bill 
provided that no stock life insurance company organized 
under the laws of the State of Iowa, and writing partici- 
pating life insurance policies upon the level premium plan, 
should be permitted to declare and pay to its stockholders 

izoHcmse Journal, 1907, pp. 1383, 1384. 
121 Senate Journal, 1907, p. 214. 



208 IOWA JOURNAL OF HISTORY AND POLITICS 

from the surplus accumulations of such participating poli- 
cies any dividends exceeding eight per cent per annum of 
the face of such paid-up capital stock. 

It is clear from a reading of the bill that it applied to 
policies already written, and to dividends already accrued. 
In this form the measure was unconstitutional in that it 
violated the obligation of existing contracts. Governor 
Cummins after quoting the provisions of the bill said : 

If the language I have quoted embraced only accumulations here- 
after made, the validity of the bill would be doubtful, for I gravely 
question whether it is within the power of the legislature to disturb 
the effect of contracts already in existence ; but it will be observed 
that it embraces not only accumulations hereafter to be made upon 
policies already in existence, but accumulations now in the hands of 
insurance eompanies and which, by virtue of existing contracts, 
may belojQg absolutely to the stockholders. 

The Governor pointed out other objections to the meas- 
ure, and as it had been left with him at the close of the 
session he sent it together with his veto to the office of the 
Secretary of State.^^^ 

The last bill of the Thirty-second General Assembly to 
meet with the Governor's disapproval, and also the last 
measure vetoed by Governor Cummins was a bill the pur- 
pose of which was to prohibit the discharge into the open 
air of dense smoke within the corporate limits of cities hav- 
ing a population of fifty thousand. 

The provision with regard to population made the meas- 
ure apply only to the city of Des Moines. Governor Cum- 
mins pointed out the fact that although this kind of special 
legislation had been upheld by the courts, yet it did not 
comply with the spirit of the Constitution. Another and 
more serious objection to the bill was found in the fact that 

122 Manuscript copy of veto message, May 2, 1907, in the oflace of the Secre- 
tary of State, Des Moines. 



THE EXECUTIVE VETO IN IOWA 



it was too drastic. With regard to this point the Grovernor 
said : 

If the bill before me had sufficient flexibility so that only those 
who unnecessarily fill the air with smoke would incur the penalty 
of the measure, I would unhesitatingly give it my approval ; but it 
positively declares that anyone who is responsible for the emission 
of dense smoke into the air is guilty of a misdemeanor, and may be 
fined not less than twenty-five dollars nor more than one hundred 
dollars for each day upon which the offense is committed. Con- 
strued as the bill must be construed by any court, it would make 
every householder or owner of a heating or power plant in the city 
of Des Moines a criminal nearly every day in the year.^^s 

The Governor pointed out furthermore that the matter 
could be controlled by city ordinance and that it was not 
necessary to place such a measure on the statute books of 
the State. The bill having been left in the hands of the Gov- 
ernor at the close of the session, he sent it, together with 
the veto message, to the office of the Secretary of State. 

In November, 1908, Governor Cummins resigned his office 
to accept a seat in the United States Senate. He was suc- 
ceeded by Warren Garst, who had previously been filling 
the office of Lieutenant Governor. Governor Garst re- 
mained in office until J anuary 14, 1909, but during this time 
no bills were vetoed. 

The next Governor was Beryl F. Carroll, w^ho served two 
terms, from 1909 to 1913. Two bills were vetoed during 
this period. The first of these provided for an amendment 
to the Code with reference to the nomination of candidates 
for the United States Senate. This measure was an at- 
tempt to provide for the nomination of Senators by a more 
direct method than that provided for in the Federal Con- 
stitution, and to introduce what is commonly known as the 
Oregon plan of nomination. Governor Carroll objected to 

123 Manuscript copy of veto message, May 7, 1907, in the office of the Secre- 
tary of State, Des Moines. 



210 IOWA JOURNAL OF HISTORY AND POLITICS 



the measure because lie interpreted it as not complying 
with the spirit and content of the Federal Constitution. He 
referred to the provisions of the Constitution and contended 
that the State should not directly or indirectly take itself 
from under any of the provisions of the Constitution except 
by consent of three-fourths of the States, and that whatever 
provisions applied to one State should apply alike to all and 
be observed by all. ^^The state of Iowa'', he said, "has no 
more right to alter, change, modify or in any way limit or 
restrict the constitutional method of electing senators in 
Congress without the consent and authority from other 
states, as provided by the constitution, than Hlinois or New 
York has to circumvent any other provision of the consti- 
tution. ' ' 

The Governor expressed a belief that the entire measure 
was an effort to accomplish indirectly something which 
could not be done directly, and as such he considered it an 
attempt to evade the Constitution. He accordingly re- 
turned the bill to the House without his signature.^^^ 

The second bill vetoed by Governor Carroll was drafted 
with a view to amend the law relative to the passing of 
vehicles on the public highway. This measure was intro- 
duced in the House of Representatives on January 12, 1911. 
A little later a substitute measure was adopted, and this in 
turn was amended. The bill as finally presented to the Gov- 
ernor provided that whenever a person on horseback or in 
a vehicle, including a motor vehicle, should meet another 
person on horseback or in a vehicle each person should turn 
to the right, giving at least half of the road-way, when pos- 
sible. It provided further that whenever a person should 
overtake another on the public highway, the person over- 
taken should upon signal or request, turn to the right, al- 

124 Eouse Journal, 1911, pp. 596-599. 



THE EXECUTIVE VETO IN IOWA 



211 



lowing a free passage-way of eight feet on the left, if such 
were possible. The bill also stipulated that a failure to 
comply with the provisions of the act would render the de- 
linquent liable for all damages which might result there- 
from and in addition to a fine of one hundred dollars. 
Moreover, the offender might be committed to the county 
jail until such fine and costs were paid.^^^ 

Grovernor Carroll believed the measure to be too drastic 
and one that would lead to abuse and litigation. Accord- 
ingly on May 5th he vetoed the bill and sent it to the office 
of the Secretary of State.^^^ 

On January 16th, 1913, George W. Clarke became Gov- 
ernor of the State. During the four years of his adminis- 
tration only one bill was vetoed. This measure originated 
as a result of the foot and mouth disease among the live 
stock of the State, and was designed to limit the quarantine 
of live stock in Iowa to a zone of three miles around an 
infected farm. 

Prior to this time the law provided that the Commission 
of Animal Health should have plenary powers with refer- 
ence to the prevention, suppression or spread of disease 
among animals, and for quarantining against diseased ani- 
mals. The proposed measure if enacted would have taken 
away the discretionary power of the Commission. In the 
words of Governor Clarke it would have substituted un- 
skilled and non-expert opinion for skill and expert knowl- 
edge. The statute'', he continued, ^4s unyielding, inelastic. 
It assumes to comprehend all knowledge and speak the last 
word upon the subject of preventing by quarantine the 
spread of the foot-and-mouth disease among animals." 

As a further objection to the measure the Governor called 

125 House Journal, 1911, pp. 68, 277, 355, 359, 360. 

126 Manuscript copy of veto message. May 5, 1911, in the office of the Secre- 
tary of State, Des Moines. 



212 IOWA JOURNAL OF HISTORY AND POLITICS 

attention to the fact that the Department of Agriculture 
did not approve of the provisions of the bill, and that its 
enforcement might result in throwing the entire State into 
quarantine. He pointed out the danger of a law that did 
not coincide with the plans of the Federal Government, and 
urged the importance of cooperation with the Department 
of Agriculture in suppressing disease. Because of the sev- 
eral objections he refused to sign the measure, but sent it to 
the Secretary of State. In concluding his veto message the 
Governor said: 

Thus does every consideration suggest and every authority con- 
demn this bill as unwise. The live-stock industry of Iowa is too 
great, and its relation to the country as a whole too vast for the 
State to take even a doubtful position, 

CONCLUSION 

In reviewing the history of the executive veto in Iowa, it 
is evident that in recent years this power has been exercised 
much less frequently than during the Territorial period and 
the years immediately following. Moreover, it appears that 
no bill in recent years has been passed by a two-thirds vote 
over the Governor's veto, while such a procedure was not 
uncommon during the closing years of the Territorial 
period. 

Since Iowa became a Territory in 1838 seventy-nine bills 
have been vetoed. Of this number twenty-two were vetoed 
during the Territorial period. Fifteen of these were vetoed 
by Governor Eobert Lucas, and eleven of them during the 
year 1839. Four of the seventy-nine bills were passed over 
the Governor's veto, one during the administration of 
Eobert Lucas, the other three during the administration of 
Governor Chambers. Several bills were rewritten and 

127 Manuscript copy of veto message, May 15, 1915, in the office of the Secre- 
tary of State, Des Moines. 



THE EXECUTIVE VETO IN IOWA 



213 



passed in another form ; while one bill, relative to the call- 
ing of a convention to amend the Constitution in 1853, was 
rewritten and the new bill failed to meet with the Grov- 
ernor's approval. Three executives. Governor Newbold, 
Governor Gear, and Governor Garst completed their periods 
of service without vetoing any bills. 

Jacob A. Swishek 

The State Historical Society of Iowa 
Iowa City 



HISTORY AND CONSTITUTION OF THE ICARIAN 

COMMUNITY 



[An interesting chapter in the history of Iowa is the story of the Icarian 
colony in Adams County. The following pages contain a translation of a small 
book of ninety-six pages, entitled The History of the Colony or Eepuhlic of 
Icaria in the United States of America, written by Etienne Cabet, the founder 
of the Community. The copy which was used was of the second edition pub- 
lished in Paris in 1855. The book was found in the library of the Historical 
Department of Iowa at Des Moines. While only incidentally touching upon the 
existence of the colony in Iowa, the material in the following pages furnishes 
the necessary background for the history of the colony in this State. — Thomas 
Teakle] 

A GENERAL IDEA OF THE ICARIAN COLONY. 

The Icarian Colony in America was founded for the pur- 
pose of clearing, cultivating and subduing the wilderness, 
while establishing there all useful industries for the produc- 
tion and manufacture of all that is needed for a people ; of 
creating a State ; of creating first one Commune, then others 
successively; of procuring the well-being of all while work- 
ing; of 'Offering an asylum for the proscribed Republicans 
who may adopt its principles while combining the necessary 
qualities and conditions for membership ; of making an ex- 
periment, in the interest of Humanity, to determine the best 
system of political and social organization which will be the 
most favorable to progress and the most capable of secur- 
ing the happiness of the Human Race. 

To accomplish these ends, the system of the Icarian Col- 
ony (applied to a country called Icaria in the work pub- 
lished under the title of a Journey in Icaria) appears to be 
the best. It is the system that will be tried at first. 

This colony does not resemble any other since it has for 

214 



THE ICARIAN COMMUNITY 



215 



its purpose not alone the interest and happiness of its mem- 
bers bnt also that of humanity as a whole. 

It is planned that it shall be neither exclusively French 
nor German, American nor English. It is Universal, in the 
sense that it admits emigrants from all countries, provided 
they adopt its principles, its system, its social contract or 
constitution and laws, and agree to the conditions of admis- 
sion explained hereafter. 

In discussing the Colony, there will first be related a few 
facts concerning the history of the Community and the 
preparative station at Nauvoo up to the present time. Next 
will be given a general idea of the Icarian system as it 
seems to be adapted either to a State or a Commune. Then 
the Icarian Constitution will be discussed as well as the law 
respecting the General Assembly, together with the condi- 
tions, form and effect of admission. Finally, in a separate 
prospectus, will be indicated the precautions to take either 
in preparing for the journey or for the trip from Europe to 
America. 

Chapter I. 

Some Facts Concerning the History of Icaria. 

CONVEESION TO COMMUNISM. 

During an exile of five years, from 1834 to 1839 (for hav- 
ing said that the system of Louis Philippe would inevitably 
lead to bloodshed and ruin), Cabet gave all his time, while 
in London, to the writing of works which he believed were 
the most useful to the People. During this time he wrote 
three short, popular histories — a Universal History, a His- 
tory of England, and a History of the French Revolution. 

History exhibits on every page only disorders and calam- 
ities. Cabet sought for the cause and the remedy as well. 
He saw the cause in a had social organization, and the rem- 
edy in a better one. 

Seeing everywhere and always the war between Aristoc- 



216 IOWA JOURNAL OF HISTORY AND POLITICS 



racij and Democracy, he decided that, in order to establish 
peace, it would be necessary to abolish one of the two bel- 
ligerents, giving the preference to Democracy. And as he 
saw nowhere a great organized Democracy, he sought for a 
means of organizing a nation in the form of a Democracy. 

He soon found it to be impossible to organize a Democ- 
racy with opulence and poverty, with rich and poor and 
with inequality of fortune. Thus he became convinced that 
it was impossible to establish equality of fortune, plenty 
and happiness without Community of Property. 

He then tried to organize, on paper, a great Community 
(a Commune, a State). He was soon convinced that Com- 
munism would completely solve all social questions ; that it 
was realizable, possible and even easy if one willed it ; that 
it would realize immense savings and greatly increase pro- 
duction; while it would assure plenty, well-being and happi- 
ness for all citizens and all men. 

He consulted all ancient and modern philosophies and 
went through all the great philosophic works in the great 
Library of London. He discovered with as much joy as sur- 
prise that all, with Christ at the head, admitted that Com- 
munism was the best social system. He then wrote his 
J ourney in Icaria. 

JOURNEY IN ICARIA. 

This is a relation of an imaginary journey, much like 
Plato's Republic, John's Apocalypse, Augustine's City of 
God, Thomas More's Utopia, or Campanella's City of the 
Sun. 

Though in the form of a Journey or of a romance, it is in 
reality a description of the political and social organization 
of the Community. It is further a scientific and philosoph- 
ical treatise couched in the most obvious, intelligent and 
popular form. 

The work is divided into three parts. 



THE ICARIAN COMMUNITY 



217 



Part I. — The first 6 chapters contain the actual dangers 
and pleasures of the J ourney in Icaria ; a glance at the 
towns, the roads, the inns, the country, the political and so- 
cial organization, and a description of Icaria, the capital. 

Chapters 7 to 16 treat of the food, dress, homes, and Edu- 
cation ; of the Organization of labor and industry ; of health, 
doctors and hospitals; of writers and men of learning, 
judges, lawyers, etc.; and of women's workshops and the 
romans[?]. 

Chapters 17 to 19 concern Agriculture and Commerce. 
Chapters 20 and 37 deal with Eeligion. 
Chapters 21 to 26 treat of the political Organization and 
newspapers. 

Chapters 15 and 27 are concerned with marriage. 

Chapters 28 to 35 relate to recreations, theatres, holidays 
and games. 

Chapter 40 concerns women in general. 

Chapters 36 to 42 concern the relations of the colonists 
and foreigners. 

Part II. — The first 3 chapters discuss the faults of the 
old political and social Organizations. 

Chapters 4 to 6 treat of the establishment of the Com- 
munity within an old society and of the transitory regime. 

Chapters 7 and 8 contain a statement of objections that 
have been made to the Icarian plan, together with their 
refutation. 

Chapters 9 and 10 contain a historical description of the 
progress of Democracy and Equality. 

Chapter 11 contains a view of the development of in- 
dustry. 

Chapters 12 and 13 contain the opinions of Philosophers 
concerning the Community. 

Chapter 14 contains a discussion of the future welfare of 
Humanity. 



VOL. XV — 15 



218 IOWA JOURNAL OF HISTORY AND POLITICS 



Part III. — The Doctrines and Principles of the Com- 
munity. 

In order to prove that Icarian Communism is the same 
thing as Christianity, Cabet wrote the True Christianity, 

TEUE CHEISTIANITY. 

This work is divided into 2 parts. 

The 1st part or introduction explains the religious ideas 
held by the first Peoples , the Egyptians, the Hebrews and 
Moses with something of the history of the Jews and of 
John the Baptist. 

The 2nd part contains : — A glance at the history of Jesus 
Christ from His birth to His preaching; His teaching con- 
cerning God, the reign of God, Brotherhood, Equality, Lib- 
erty, Democracy, Unity, Association, wealth and poverty, 
work and wages, community of goods. 

It also contains the Ethics of Christ — His ideas upon the 
future life. His Religion and His Creed, 

It has also a relation of His preaching, triumph, anguish, 
and resurrection; the story of the Apostles, their Com- 
munism, their writings — Gospels and Epistles ; some com- 
ments upon the Church Fathers; and finally an identifica- 
tion of Communism with Christianity. 

OTHEE WOEKS OF CABET. 

Upon returning from exile, Cabet published his popular 
History of the French Eevolution (in 4 volumes), 6 political 
pamphlets dealing with the crisis of 1840, together with five 
pamphlets against prisons and the bombardment lof Bar- 
celona. 

Later, he published from 30 to 40 pamphlets to explain 
further his Icarian Communism. Among these were : "Why 
I am a Communist ; My Communistic Creed ; 12 Letters of a 
Communist to a Eeformer concerning the Community; My 
Proper Path; The Citizen's Guide; The Communistic 



THE ICARIAN COMMUNITY 



219 



Propaganda; Woman; The Laborer; Status of the Social 
Question; Short Popular Discussions; The Icarian Alma- 
nac, since 1843 ; the newspaper, the Populaire, since 1841. 

For the purpose of refuting all objections, criticisms, and 
attacks, he published the Eefutation of the Friend of Man- 
kind ; The Eefutation of the Workshop ; Eefutation of the 
Abbe Constant; Democracy becomes Communism in Spite 
of Itself; The Challenge to Communism; Safety or Euin; 
The Social Cataclysm; The Whole Truth for the People; 
The Veil Lifted; The Mask Torn Away; Down with the 
Communists; The Inconsistencies of Lamennais; Water 
upon Fire, a Eeply to Carmenin; Biography of Citizen 
Cabet. 

Since 1848, he has published Good and Evil, Danger and 
Safety; Eleven Talks on fraternal Society; The Insurrec- 
tion of June ; The Eealization of the Community ; A Letter 
to the Archbishop of Paris ; Two Letters to Louis Napoleon ; 
My Trial and My Acquittal. 

PEOPAGAKDA. 

Convinced that such a Communistic system based on 
Brotherhood could not be set up through violence and com- 
pulsion, Cabet adopted, after the example of Christ, a law- 
ful and pacific propaganda. He wished the Community to 
be established through persuasion, conviction and the free 
consent of the individual. He addressed himself only to 
public opinion. He exhorted the people to renounce secret 
societies, plots, mutiny and insurrection, clinging only to 
self-improvement and moral reflection, for the purpose of 
preparing themselves for the life of the Community. 

This doctrine of the Icarian Community and of Brother- 
hood, this lawful and peaceful propaganda, was completely 
successful as was attested by its having more conversions 
than any other teaching of the day. 

After only six years of propagandist writing, the mass of 



220 IOWA JOURNAL OF HISTORY AND POLITICS 

the working classes, especially in the large cities, and the 
best of the workers in each industry, became Icarians. 

And if the Government had permitted Cabet to give talks 
or oral and public explanations in the popular assemblies, 
either in Paris or in the departments as was granted the 
Fourierists, there is scarcely any doubt that the population 
today would be generally converted to Icarian Communism. 

And even if he had been granted the permission to try the 
Community in France, he certainly would have found all 
the Icarians and money necessary to found one or many 
Icarian Communities in France, and the problem of the sup- 
pression of misery, pauperism and the proletariat would 
have been solved. 

PERSECUTION. 

But the Government, the Aristocracy, the privileged 
classes, the guardians of the old abuses, and the higher 
clergy, aligned themselves for the purpose of slandering 
and persecuting the Icarians, as formerly the Pharisees and 
Pagans had slandered and persecuted the Christians. 

The revolutionary party itself, especially the National 
party and the one of Reform, united with the enemies of the 
Icarians to slander and persecute them on account of their 
lawful and peaceful propaganda. 

While the first proscribed the Icarians as revolutionists, 
the second proscribed them as anti-revolutionists. 

EMIGRATION TO AMERICA. 

Then, to avoid this general persecution, Cabet invoked, in 
May, 1847, these words of Jesus Christ to his disciples : ^^If 
they persecute you in one city, go you into another. 

And he proposed emigration for the courageous purpose 
of founding Icaria in an American wilderness. 

The founding of Icaria in America, on the other side of 
the seas, two or three thousand leagues away, in a new cli- 



THE ICARIAN COMMUNITY 



221 



mate, in a waste region where all would need to be created, 
side by side with men of an alien tongue, would be a more 
costly and difficult enterprise than it would have been in 
France. 

The proposition also raised many objections and much 
opposition. But Cabet replied to all: Nothing can fright- 
en or dissuade the Icarians, who will heed only their devo- 
tion to Humanity. ' ^ Upon February 3, 1848, there left for 
Texas (where more than a thousand acres of ground had 
been granted to the north-west along the Eed River) the 
first Advance Guard, comprising seventy men, whom Cabet 
greeted with the title Soldiers of Humanity, entrusted with 
exploration, selection and preparation. 

Other similar Advance Guards were to follow the first at 
fortnightly intervals. The families of the members of the 
Advance Guards as well as Cabet, were to leave in the fol- 
lowing September. 

But the revolution of February 24, 1848, came suddenly, 
overthrowing all plans and destroying all their means. 

EEVOLUTION OF FEBBUAEY 24, 1848. 

The Icarians everywhere and at all times proved them- 
selves courageous and devoted. Everywhere they were ap- 
plauded for their brave, generous, disinterested conduct. 

Upon the twenty-fifth Cabet had posted upon all the walls 
of Paris a proclamation, since become celebrated, in which 
he urged all to unite in support of the provisional Govern- 
ment ; to act with moderation and generosity (no vengeance, 
no striking at property) ; to postpone the carrying out of 
the Icarian system and to act only as Frenchmen, Patriots, 
Democrats and Republicans. It has been admitted since 
that perhaps greater service had never been rendered by 
the Society. 

But many Icarians hoping for progress in France as the 
result of the Revolution, no longer wished to emigrate; 



ooo lOAVA JOURNAL OF HISTORY AND POLITICS 

many others were ruined and could neither leave nor make 
such a sacrifice as was required, while persecution every- 
where paralyzed all. 

NEW PEESECUTION. 

It is horrible ! The men of the National and 'of the Re- 
form Parties, for a long time the enemies of the Icarians 
because they were peaceful, had secured control of the pro- 
visional Government, and found themselves yet the enemies 
of the Communists either through rancor and vengeance or 
because they wished a bourgeoisie Eepublic, while the Icar- 
ians demanded a popular or democratic Eepublic. 

During the first days of the Eevolution they adopted 
against the Icarians, not alone in Paris, but in all France, 
an extensive system of slander and persecution in order to 
exclude them from elections and employment, from the na- 
tional guard and the national Assembly. The Communists 
were treated as Pariahs or outlaws. On April 16th the Gov- 
ernment published or permitted to be published, through the 
Eeactionary army, the propaganda — ^'Boivn with the Com- 
munists, Death to Cahet/' The awful events of the 15th of 
May and the 23rd of June were perfidiously attributed to 
the Communists; the direction of all the movements was 
imputed falsely and traitorously to Cabet; warrants were 
issued against him; he was continually threatened with 
assassination and forced to remain in hiding. 

However, in spite of these frightful difficulties, two other 
Advance Guards and four large convoys of families, about 
five hundred Icarians in all, left for Texas in 1848. The 
2nd Advance Guard then rejoined the 1st. 

But these Advance Guards upon arriving at New Orleans, 
met there the first two Advance Guards who were returning 
from Texas. 



THE ICARIAN COMMUNITY 



223 



THE EETUEN OF THE FIEST TWO ADVANCE GUAEDS. 

The first Advance Guard carried away by Cabet's enthu- 
siasm and fervency neglected his warnings and advice and 
exposed themselves too much to fatigue and the hot sun of 
this region. These first Communists deprived of news from 
France, frightened by the disasters of April, May and June, 
by false and sinister rumors and especially that of the death 
of Cabet by assassination, and demoralized by a fever which 
claimed some victims, unfortunately abandoned Texas and 
returned to New Orleans with the second Advance Guard 
at a time when the others were arriving in their turn from 
France. 

The disheartening news of this deplorable retreat which 
all preceding advices prevented foreseeing, came, like a 
thunderbolt, to strike Cabet at the moment when he was 
being persecuted before a court which condemned him to a 
month's imprisonment because, in May, 1848, some guns 
had been found in the office of the Populaire. However, he 
left immediately and not without difficulty, declaring from 
or at Boulogne, that he would return for the purpose of 
giving himself up. 

DEPAETUEE OP CABET. 

He left Paris on December 13, 1848, during the winter, 
since London, Liverpool, New York and New Orleans were 
being ravaged by the Cholera, arriving at the latter city on 
January 19, 1849. 

Upon his arrival he called a general Assembly and de- 
manded a full explanation. He proposed to abandon the 
enterprise if such was the unanimous wish or to continue it 
with those who were determined, by giving two hundred 
francs to each of those who wished to withdraw. 

The majority, 280 (142 men, 74 women, and 64 children) 
remaining steadfast, about twenty thousand francs was col- 
lected to repay those who wished to withdraw, and on March 



224 IOWA JOURNAL OF HISTORY AND POLITICS 

1st, the former embarked on a steamboat for Nauvoo, on the 
Mississippi, in the state of Illinois above St. Louis, and in 
the center of the United States. They selected this town 
because they could easily reach it by boat, because its cli- 
mate is healthful, because its soil is fertile, and especially 
since, having been recently abandoned by the Mormons who 
wished to secure a wider range of territory in the wilder- 
ness, it offers the inestimable advantage of having ready at 
hand all needed houses and workshops — keeping in mind 
the idea of moving elsewhere later. 

PEOVISIONAL ESTABLISHMENT AT NAUVOO. 

The colonists arrived on March 15th at Nauvoo. 
They rented at once some dwelling houses, a farm and 
some ground. 

They purchased a number of buildings, grounds, horses, 
cattle, etc. Shortly afterward, they bought the remains of 
the Mormon temple, which had been burned two years be- 
fore and now had only its four walls standing, with an in- 
closure of 4 acres, for the purpose of establishing there a 
School or an Academy. 

They roughly organized each day, repairing the old 
houses and making the most necessary furniture. They 
established individual apartments, two schools — one for 
little girls and another for little boys — two infirmaries and 
a pharmacy, a large kitchen and a dining hall for common 
meals, a bakery, a butchery, a laundry and scullery. 

The gardening and farming were organized at once while 
the stables and the cattle were provided for. They soon 
purchased a steam flour mill, with a distillery and a pig-sty, 
and later added a saw-mill. Boats and fishing-nets were 
made which proved quite profitable, while the hunt fur- 
nished game for the infirmary. 

The trades for men were organized — tailoring, shoe and 
sabot-making, mattress-making, brick-laying, plastering, 



THE ICARIAN COMMUNITY 



225 



carpentering, joinery, turning, wagon-making, coopering, 
blacksmitliing, lock and gun- smithing, sheet iron working, 
stovesmithing, and tinning, watch-making, weaving, tan- 
ning, gardening, farming, wood-cutting, baking, milling, 
cooking, etc. 

Trades for the women were organized such as lace-mak- 
ing, dress-making, washing, ironing, cooking, etc. 

A General Assembly was organized together with elec- 
tions, either for Managers or for the Assembly Committees, 
for the Director of the workshops or for the Commissioners 
and officers. 

Entertainments and merry makings were organized, as 
were also the rural recreations. Instrumental and vocal 
music classes, concerts and theaters, with courses and read- 
ings in common were established. 

A store was established at St. Louis to sell the products 
of the shoe-makers, boot-makers, dressmakers, and lace- 
makers, of the millers and of the distillery. 

A coal mine was worked for fuel. 

A printing and lithographic office was provided to print 
all home pamphlets and two newspapers, one in French and 
one in German. 

There was a library, a small collection of physical and 
chemical apparatus, and a small assortment of hunting 
weapons. 

All members of the Colony work and are distributed 
among the several shops for men and women. 

Each trade or shop selects its managers. 

Whenever the farmer calls for an unusual number all 
necessary help is taken from those shops or trades which 
can without inconvenience furnish it. 

In the summer the work is suspended during the heat of 
the day. 

There are no household servants, each woman having the 
care of her own household. 



22G IOWA JOURNAL OF HISTORY AND POLITICS 



All enter and leave the workshops at the same time. 

Breakfast, dinner and supper are eaten in common. 

Women who are about to be confined or are nursing chil- 
dren may be authorized to work at their homes. 

There is equality in meals as elsewhere. 

The Managers are the servants of all their brothers. 

After supper come the recreations, good times, meetings, 
courts. General Assembly, discussions. 

On Sunday there is instruction in True Christianity, ad- 
mission of new members, marriages, individual or common 
promenading with music and country-like meals, good times, 
a concert and the evening play. 

The Colony has a Constitution, of 183 articles, deliber- 
ated upon during nine meetings and finally accepted unan- 
imously. There was debated and voted upon also during 
many meetings a law in regard to the General Assembly 
and one regarding admission to, withdrawal and exclusion 
from Icarian membership. 

The Colony has obtained from the Illinois Legislature an 
act which incorporates and recognizes the Icarian Com- 
munity. 

Twice, unanimously, Cabet has been elected President of 
the Community and was reelected a third time in 1852 dur- 
ing his absence, and three times since. 

A fire which destroyed one of the barns, a flood that par- 
tially destroyed the mill, a storm that blew down the temple 
walls when their rebuilding had just begun caused some 
great losses. But a refectory for 800 persons has been built, 
together with its accompanying kitchen. The construction 
of a school has also been begun, etc., etc. 

Some of the natives (whose commercial interests or prej- 
udices have been offended) show the Colony little goodwill, 
but the people in general have shown it much syinpathy 
since its arrival. They associate with the Icarians either in 



THE ICARIAN COMMUNITY 



227 



celebrating the anniversary of American independence, or 
in admitting them into their good times, their banquets, 
concerts, shows and balls. 

Some have died or withdrawn, but there have been mar- 
riages (even with daughters of the country), births and re- 
cruits. The Icarian Colony today comprises 500 individ- 
uals, men, women and children ; and but for the Eevolution 
of 1848 it would certainly have been from 10 to 20,000. 

But persecution has not been abandoned ; it has pursued 
it from France to America; and in order to destroy the 
Colony, the Community and Communism, it attempts to 
morally kill its President and Counsellor. 

SUIT AGAINST CABET IN PAKIS. 

We do not fear to state that no one, perhaps, has shown 
more devotion to the cause of the People and of Humanity 
since 1830 than has Cabet, especially since he left his family 
in December, 1848, in mid-winter, aged and suffering, to go 
to the assistance of his brothers 3000 leagues away, braving 
cholera and the formidable consequences of a first disaster. 

No one perhaps has been more slandered and persecuted 
since 1830, precisely because of his devotion to the People. 

We have already spoken of the cries for his death (a 
shameful thing for France) incited publicly against him on 
the 16th of April, by the national guard or Eeactionaries. 
A short time before the Eevolution of February, he was ar- 
rested, at the time of his return from England, and accused 
either of a conspiracy to dethrone Louis Philippe and take 
his place or of swindling under the pretext of asking money 
for the Icarians with the intention of leading them to Icaria. 
This second accusation so inconsistent with the first, was 
met by a multitude of protestations from the press and es- 
pecially from the Icarians and was so absurd that it was 
unanimously put out of existence by the court of St. Quentin 
and even abandoned by the public ministry. 



228 IOWA JOURNAL OF HISTORY AND POLITICS 

But Cabet had no sooner left, in December, 1848, than all 
the reactionary newspapers, profiting by his remoteness, 
leagued to overwhelm him with slander and insults. 

Forced by the Eeactionists, the government began a new 
prosecution accusing him of swindling, under the pretext 
that his colony was only a fictitious, false, imaginary enter- 
prise for swindling the Icarians, and that his Journey in 
Icaria, his True Christianity, his Populaire, and his 40 or 
50 other pamphlets, had been written and published after 
ten years of preparation for the purpose of perfecting the 
swindle. Nothing could be more evidently absurd and mon- 
strous ! 

Moreover, as soon as the accusation became known, pro- 
tests broke out from all sides, either from Icarians or from 
the Colony, or from the accused who demanded time to re- 
turn from America to France in order to defend himself. 

But the true condition of the Icarians was not known to 
the court nor to the magistrate charged with upholding the 
accusation and who was going to deny the existence of the 
Colony at Nauvoo ; even to denying the existence of Nauvoo. 
The correctional court of Paris granted only insufficient de- 
lays; it judged Cabet in his absence, declared him guilty 
under the false pretext that he had no land in Texas, and 
condemned him to two years imprisonment and the depriva- 
tion of his political rights; which thing would prevent his 
election as deputy. 

All the reactionary newspapers in France, even their ac- 
complices in Germany, England and America, published the 
condemnation as a triumph: There'' said one of them, *4s 
the man who was on the point of making himself dictator in 
March and April, 1848, condemned as a swindler!" 

But hundreds of petitions signed by thousands of Icar- 
ians and Democrats in France, England, America, and espe- 
cially in the Colony, came protesting against the monstrous 



THE ICARIAN COMMUNITY 



229 



iniquity of this condemnation, as disgraceful for France as 
the cries of death to Cahet uttered by the National Guard 
on April 16th under the eyes of the Provisional Government. 

The electors of Paris protested also by choosing Cabet as 
their candidate, while he was absent, in all the later elec- 
tions. 

He protested himself either by writing several public let- 
ters to Louis Napoleon, to lodge a complaint, or to the Pres- 
ident of the court for not forbidding judgment by default; 
or appealing to the higher court while making the return 
trip from America to France for the purpose of appearing 
before it, as soon as the progress of the Colony would per- 
mit him to leave it without danger to it. 

EETURN OF CABET TO FEANCE.— HIS TEIUMPH. 

Finally on May 15, 1851, he left the Colony for London 
and Paris, where he arrived after a journey of 3000 leagues 
by steamboats and railroads during a space of 23 days. 

Nearly all his friends in England as well as in America 
opposed his going, convinced, they said, that it was a polit- 
ical scheme to kill the Colony and Communism or to prevent 
his election, and that in consequence he was doubtless con- 
demned in advance. 

But he persisted, convinced that it would be impossible to 
condemn him after hearing himself, convinced moreover 
that his duty was to brave the danger of the condemnation, 
resigned to all, even to martyrdom, and persuaded that the 
Colony was well enough organized, united enough, coura- 
geous and strong enough, to support itself in his absence 
and even during his imprisonment. 

Arrived at Paris, he first gave himself up as a prisoner, 
for a month; then he appeared before the Court carrying 
the act by which the Peters Company had ceded to him a 
million acres of land in Texas. 

Among other things, he said and demonstrated to the 



230 IOWA JOURNAL OF HISTORY AND POLITICS 



Court that, if he had been ambitious and covetous, he would 
easily have secured all — power, honor and fortune ; at first 
with Louis Philippe; then with Louis Napoleon whom he 
had known during their common exile in London, in 1838; 
then with the Provisional Government in 1848; that if, in 
place of making his proclamation of February 25th to excite 
the people to moderation and generosity, he had wished to 
enter into the Provisional Government, he would have done 
so, and that, in all later events, in March, April, May, his 
name would always have been written, unknown to him, 
among the members of a new Government or as a Dictator. 

He also made known to the Court some of the leading 
principles of his Icarian system and doctrine, rapidly re- 
lating what he had done in Icaria and proved that no teach- 
ing was more moral, pure, more impressed with Humanity 
and Brotherhood, Equality and Liberty, justice and order, 
disinterestedness and devotion. 

More than once he brought tears to the eyes of his. judges ; 
and the public ministry itself was constrained to present 
him a solemn vote of thanks in the name of society, for the 
great service he had rendered by his proclamation of the 
25th of February. 

Finally, after four days of discussion and a defense of 
four hours presented by the accused himself, in the presence 
of a large audience, the Court, after hearing all parties, an- 
nulled the condemnation through default. 

And not one of the newspapers previously opposed to 
Cabet could forbear confessing that he came out of the com- 
bat with all the honors of victory. 

And if the Icarians had been free to manifest their feel- 
ings by banquets, either in Paris or in the Departments, 
hundreds of thousands of Communists, Socialists and sim- 
ple Democrats would have celebrated the victory of their 
Icarian leader as their common triumph. 



THE ICARIAN COMMUNITY 



231 



PROSCRIPTION OF CABET AFTER THE SECOND OF DECEMBER. 

But while Cabet prepared to return to Icaria, there sud- 
denly blazed out the coup d'etat of the 2nd of December. 
He was forced to hide during more than a month; finally, he 
was arrested at his home on J anuary 26th, imprisoned in a 
casemate of Fort Bicetre ; then taken from his prison to be 
immediately transported by force to England on February 
1st, as the leader of the socialistic school and as a political 
agitator. 

THE ICARIAN COMMUNE IN FRANCE, OR IN ENGLAND. 

An Icarian Commune in France would be very much 
easier than one in America, because one would avoid: the 
inconvenience, the fatigues and the enormous expense of 
transportation upon sea and land for 3000 leagues ; the dis- 
orders of acclimatization; the difficulties of a strange lan- 
guage; the necessity of constructing everything, of estab- 
lishing everything in the wilderness; the difficulty of find- 
ing, even of purchasing, many machines and things they 
would need; the difficulty of putting out and selling their 
products ; the difficulty of procuring all scientific and other 
aids of civilization; the difficulty and slowness of corres- 
pondence, etc., etc. 

The establishment of a Commune in England would have 
as many advantages and would be as easy as in France. 

It would be even easier, since there is more liberty and 
independence; more money and greater fortunes; more 
chances to find the needed loan for such an enterprise. 

But there was nothing to hope for in France at this time. 

Cabet would have tried it in England, taking all necessary 
precautions, if he had been able to remain three or four 
months longer in 1852 to prepare the enterprise; for the 
ideas of Progress, Reform and Socialism are like generous 
and human sentiments, more common than one generally 
believes. ' 



232 IOWA JOURNAL OF HISTORY AND POLITICS 



He would not doubt the complete success of an Icarian 
Commune in England, since the three years experience of 
the Icarian Colony at Nauvoo gave him the conviction that 
the Community is completely realizable with Icarians and 
money; and the complete success of a simple Icarian Com- 
mune in England, would determine the success of an Icarian 
State in America. 

EETURN OF CABET TO ICARIA. 

But Cabet could remain no longer in London; his duty 
called him to the Icarian Colony in America ; he left for the 
New World in June, 1852, to realize there his first project of 
a Community in the wilderness. 

THE ICARIAN COMMUNE IN AMERICA.— ESTABLISHMENT IN 
THE WILDERNESS. 

In 1853, the Icarian Colony, provisionally established at 
Nauvoo, again took up its forward march into the wilder- 
ness. They decided that they would establish themselves in 
the south-western part of the State of Iowa, where they 
sent a first advance guard who took possession of the free 
lands bordering the Nodaway river. Since, we have pur- 
chased there nearly 4000 acres, and we are going to have at 
the end of the summer of 1855, a hundred people settled and 
nearly one hundred and fifty head of cattle, some hogs, 
some poultry, etc. 

. STATION AT NAUVOO. 

Nauvoo will be maintained as a point of debarkation on 
the Mississippi, as a place for acclimating, as a place of 
apprenticeship and probation where emigrants will be re- 
ceived provisionally for trying the commune life ; and from 
which after their definite admission, they will leave for the 
Icarian Commune. 

We will now cast a rapid glance at the Icarian system or 
doctrine. 



THE ICARIAN COMMUNITY 



233 



Chapter II. 
A General Idea of the Icarian System. 
DOCTRINE OR PRINCIPLE. 

Nature. — God. — We, Icarian Communists, do not believe 
that the Universe was the effect of chance, and we do like to 
admit a first cause absolutely intelligent and provident, that 
is called a Creator, Supreme Being, God, Nature, Provi- 
dence. 

We believe it to be useless and dangerous to insist upon 
discovering the origin, form, and essence of this first Cause; 
useless because we are convinced that it is the one mystery 
and human intelligence has not the understanding, or the 
means, or the necessary faculties to penetrate this mystery; 
dangerous because the examination of these questions leads 
to discussions which degenerate nearly always into disputes, 
divisions and even hatreds. 

God, Perfection. — But we consider God as the pre-emi- 
nent and all-powerful One, as the Infinite and Perfection in 
all. 

God, Father of the Human Race. — We like to consider 
God as the Father of the Human Race, as love, goodness,- 
justice, indulgence; we imagine that he is the most perfect 
Father, the most just, the most tender; that this better 
Father has only love for his children and that he loves them 
all equally. 

Destiny of Humanity; Happiness. — We like to admit 
that God, the most perfect of Fathers, has willed happines$\ 
for his children on earth. We see that he has lavished all 
(air, warmth, light, water, earth, with its metals, fruits, and 
animals) to make us happy in satisfying all our needs (food, 
lodging, dress, protection, etc., etc.) ; and we believe that 
the instinct, intelligence and reason that he has given us, 
suffice with his other gifts, to assure the happiness of man- 
kind. 



VOL. XV — 16 



284 IOWA JOURNAL OF HISTORY AND POLITICS 

Evil, Misfortune. — However, the history of all Peoples, 
in all times, shows us evil everywhere ; the wretchedness of 
the mass by the side of the opulence of a small minority; 
vices and crimes born from opulence as from misery; igno- 
rance and oppression; the exploitation of the Poor by the 
Rich ; the desperation and insurrections of the Poor threat- 
ening continually the Rich and troubling their security; 
murders and criminal punishments; revolutions and re- 
actions ceaselessly leading to new despair, new insurrec- 
tions, and new calamities. In a word we see Man unfor- 
tunate nearly everywhere and always. 

But we cannot believe that this must be the destiny of 
Humanity; we cannot believe that the evil must be without 
remedy; for Man is essentially sociable, intelligent and per- 
fectible. 

Sociability, Good Nature. — Man is sociable and conse- 
quently attracted toward his like, sympathetic, compassion- 
ate, affectionate, naturally good. 

Intelligence. — Man is eminently intelligent. 

Perfectibility. — Man is evidently perfectible through 
experience and education. 

But what is the remedy for the evil? and first, what is the 
cause ? 

Cause of Evil. — We believe that the cause is in a had 
social and political organization, resulting from the igno- 
rance, inexperience and error of Humankind from its be- 
ginning. 

Remedy. — We believe that the remedy must be in a better 
social and political organization, 

THE BASIS OF A BETTER SOCIAL ORGANIZATION. 

We believe that this better social organization must have 
for its basis principles contrary to those which are the 
cause of evil; that is to say. Brotherhood, Equality, Sol- 
idarity; the suppression of poverty and individual property, 



THE ICARIAN COMMUNITY 



235 



in a word Communism. For us, the remedy is in the fra- 
ternal and politically equal association that we call the 
Community. 

The Community. — The Community is a great association 
or a great universal society, partnership or company, or- 
ganized and based upon the principle of human Fraternity 
with all its consequences, in which the associates consent to 
put in common all their goods, abilities and work, to pro- 
duce and enjoy in common. 

Society. — It is a true Society in which there are not any 
exploiters and exploited, but true associates, all brothers 
and equals. 

It is an organized company which must show organization 
and order everywhere, with intelligence and reason as well. 

Feateenity. — Fraternity is for us the essential, radical 
or fundamental principle, generator of all other principles, 
and which necessarily comprehends all in itself alone. 

Fraternity is itself the consequence of the other principle 
stated at the beginning, that the Supreme Being or God is 
the Father of all men; from which it follows that all men 
are his children, that all are brothers, and that the Human 
Race forms only one family of which all the members should 
love one another and devote themselves mutually to their 
interest and common welfare, as we conceive that they 
should be the most perfect brothers. 

For us, the consequences of Fraternity are Solidarity, 
Unity, Equality, Liberty, the suppression of individual 
property and money, the improvement of Education, the 
purification of marriage and the family and the organization 
of work. 

The principle of Fraternity is a principle at once philo- 
sophical and religious, social and political. 

In our eyes, it is the most advanced and fruitful idea ; it 
is the principle of the Evangels and Christianity. In a way 



236 IOWA JOURNAL OF HISTORY AND POLITICS 



we believe we can say, from tlie present, that our Icarian 
Communism is the purest morality, the sweetest philosophy 
and the most sublime religion, since it is nothing else than 
Christianity in its primitive purity, such as Jesus Christ 
instituted. 

ICARIAN COMMUNISM IS THE TRUE CHRISTIANITY. 

Christ came to bring a new law, a new social principle, a 
new system of organization for society, which he called the 
Reign or the Kingdom of God, the new City, 

To Him, God was the soul, love, life. Father of Humanity. 
He spoke of Himself sometimes as the Son of God, some- 
times as the Son of Man, Brother of other men, especially 
of the Poor, the Oppressed and the Unfortunate. He re- 
peated without ceasing that all men are sons of God and 
brothers. 

He contented Himself with two general and leading prin- 
ciples or commandments; the first, love God (which is the 
spirit, love, life, justice, happiness, all-powerful, infinite, 
perfection in all, etc.), and the second, love your neighbor 
or your brother as your self; and he added that these two 
commandments blended themselves in the making of one 
only, this being all the law and the prophets. His great so- 
cial principle then was Fraternity of men and people. He 
said : love in order to be loved, help in order to be helped. 
He adopted these philosophical maxims: ^^Do not to anoth- 
er that which you would not wish that he do to you; do to 
others that which you would wish that they would do to 
you.'' 

As secondary principles, he proclaimed Association, 
Equality, Liberty, Unity, Progress and indefinite Perfec- 
tion. 

He especially combatted miseey; and, to suppress it, he 
recommended Community of goods, declaring that wealth 
prevented one from entering into the Kingdom of God. 



THE ICARIAN COMMUNITY 



237 



The Apostles, the fathers of the church, and the early 
Christians employed the Community system; and if, in 
place of establishing Communities of men alone or of wom- 
en alone, they had established Communities of men and 
women with the institution of marriage and the family, 
Communities for agriculture and trade, Community life 
would to-day be established throughout the whole world. 

Since that time the Barbarians have invaded the Chris- 
tian empire, and have established individual property of 
land and of men through the conquest; but bondage or 
slavery and feudal property have ceased; progress has 
marched with Eevolution and reforms ; the bourgeoisie has 
emancipated itself ; Communes have been formed or enfran- 
chised ; Communities and corporations have been organized 
everywhere; the proletarian has gained his liberty; the 
French Eevolution has proclaimed a new Fraternity, Equal- 
ity and Liberty ; all this has been accomplished through the 
influence of the Gospel and Christianity; and we Icarian 
Communists devote ourselves to the continuance of this 
progress by continuing to realize the teaching of Jesus 
Christ. 

The Icaeians Are Teue Cheistians. — Our Icarian Com- 
munism is then the true Christianity ; we are true Christians 
— the disciples of Jesus Christ; it is His Gospel which is 
our Code, and it is His teaching which is our guide. 

Democeacy, Republic. — As we wish that His fundamen- 
tal principle, Fraternity, with its consequences. Equality 
and Liberty, may be the source and soul of all the laws, in- 
stitutions and customs in the Community, we can say also 
that Communism such as ours is the realization of Democ- 
racy and the Republic. 

To close these first general ideas, some words on poverty 
and the establishment of the Community through the volun- 
tary and free consent of the individual will be added. 



238 IOWA JOURNAL OF HISTORY AND POLITICS 



Poverty. — All Antiquity, even before Jesus Christ, cried 
out continually against the misery of the mass and the 
opulence of the few, which necessarily produces this misery. 

The extinction of poverty was the most habitual object of 
the solicitude of Jesus Christ, who, in order to suppress it, 
established Community of goods. 

The Fathers of the Church wished, through His example, 
to suppress poverty by establishing Communism. St. John 
Chrysostos, patriarch or pope of Constantinople, said: 

' ' It is less horrible to be murdered by a madman, than to be tor- 
mented by poverty; a bite is not lasting and heals; while poverty 
more cruel than a ferocious beast and more ardent than a furnace, 
bruises and destroys you without relaxing." 

Establishment of the Community theough Free and 
Voluntary Consent. — But Jesus Christ, His Apostles, the 
Fathers of the Church, and even Philosophers did not de- 
mand, in establishing Communism, spoliation through force 
or division of land by a suit at agrarian law, but the free 
and voluntary consent of the proprietors. We Icarian Com- 
munists demand the same consent, the same willingness, the 
same liberty. 

Yet again, our Icarian Communism is no other thing than 
Christianity in its primitive purity. 

Chapter III. 
Icarian Social Organization. 

In the Icarian system, the Colony, the State, or the Na- 
tion, forms a true Society. 

This Society is perfectly free and voluntary, that is to 
say, it imposes itself on no one, and it does not force (can 
not force) any one to enter; it includes only those who, vol- 
untarily, freely, in perfect knowledge of motive, consent to 
become a part; and it admits only those who understand 
well, and who adopt completely its principles and condi- 
tions, and who unite the necessary qualities. 

I 



THE ICARIAN COMMUNITY 



239 



This Society makes its own social contract or constitution 
and its laws. 

It determines its own social and political organization, 
institutes its public functions and chooses its functionaries. 

It takes all means of preventing wretchedness and pov- 
erty, ignorance or superstition, and of assuring well-being 
and abundance. Education, Equality, Order and Liberty. 

Its organization has for its fundamental and generative 
principle, Fraternity. 

And once for all, it can be said and repeated that it is the 
purest Morals, the sweetest Philosophy and most sublime 
Eeligion. 

It is also a Society of mutual help, a universal assurance, 
a true family, the members of which call themselves broth- 
ers, engaging themselves to practice the principles of the 
Brotherhood. 

There each works for all, and all work for each. 

It has for secondary principles, Equality, Solidarity, 
Community and Unity, which are the necessary conse- 
quences of Fraternity. 

It is a blending of Communism and individualism; the 
home, for example, is individual, each having a home for 
himself, wife and family ; but the property, in place of being 
individual or personal, is social, undivided, and common or 
public or national. 

Profoundly convinced by experience that one can have 
happiness only through fraternal association and Equality, 
the Icarians wished to form a Society founded on the basis 
of the most complete and perfect Equality. All must be 
Associates, Citizens, Equals in rights and duties, without 
any sort of privilege for any one ; all must partake equally 
in the expenses of the association, each following his neces- 
sity and the advantages of the Society, and his own needs. 

All must form only one family, of which all members are 
united by the ties of Brotherhood. 



240 IOWA JOURNAL OF HISTORY AND POLITICS 

All must form a People or a Nation of brothers ; all laws 
must have for their purpose the establishing of Equality 
between them in all cases in which this equality is not prac- 
tically impossible. 

Even then all form only one Society, one family, one Peo- 
ple. The land-holdings with all their subterranean riches, 
productions and superior constructions, form only one do- 
main, which is social or national. This socialization facili- 
tates immense economies and perfection in exploitation, 
which in turn assures an indefinite augmentation in produc- 
tion, abundance and well-being. 

All movable goods of the members, with all the products 
of the soil, of agriculture and of industry, form only one 
CAPITAL, which, like the landed holdings, is social or national, 
puts a great power at the disposition of the Society, and 
gives it the means of producing abundantly for all. 

Thus, doing for the association alone, the putting of all in 
common, has innumerable advantages which no other social 
system can procure. 

Communism renders the administration of the Society 
and the agricultural and industrial exploitation extremely 
easy and productive, through realizing enormous savings, 
prodigiously augmenting production, and creating abun- 
dance and well-being for all without exception. 

This estate and capital belong undivided to the People, 
who cultivate and exploit them in common, administer them 
for themselves or their proxies, and distribute equally all 
agricultural and industrial products. 

All Icarians are Partners and Equals, all must work, and 
as they have like interests all exercise their intelligence in 
finding the means, and especially the machines, which ren- 
der their work easy and short, without dislike, fatigue and 
danger, and even agreeable and attractive. 

The implements and the materials for work are furnished ^ 



THE ICARIAN COMMUNITY 



241 



from the social capital, as all products of agriculture and 
industry are gathered and placed in the public stores. 

All members are fed, dressed, housed and furnished by 
means of the social capital; all are equally well provided for 
according to sex, age, etc.; and all take a like interest in 
successively adopting all possible improvements. 

Thus, it is the Society (or the Family or the People) 
which alone is proprietor of all; distributes and organizes 
its work and its workers; constructs its workshops and 
stores ; and procures its tools and raw materials. It is the 
Society also that cultivates the soil; constructs the houses, 
etc. ; makes all the needed materials for food, dress, housing 
and furnishing, and finally feeds, dresses, houses and fur- 
nishes each family and each citizen. The Society admits 
only the necessary or useful industries, while setting aside 
the injurious or merely useless ones ; it has everything made 
in quantity, in the great factories, for all members. 

The Icarian Society founded on labor has also for its 
basis order and organization above all. 

It is again founded on Education, on Marriage and the 
Family. 

Education is considered as the base and center of the So- 
ciety. The Icarian Eepublic agrees to educate all its chil- 
dren equally, similarly as it furnishes food equally to all. 
All children, girls as well as boys, receive the same general 
and elementary instruction, while each receives outside pro- 
fessional instruction suitable to the profession he chooses. 
All this instruction has for its purpose the fashioning of 
excellent workers, useful scholars, excellent parents and 
citizens, as well as true men. 

Since marriage and the family are the chief condition of 
happiness for men, for women especially, and for children, 
the social organization is so prepared that all Icarians may 
be able to marry and have families. It is for this reason 



24:2 IOWA JOURNAL OF HISTORY AND POLITICS 

that the dower is abolished, that young women receive the 
same education as young men, and that the Republic as- 
sumes the responsibility of providing food, etc., and edu- 
cating the children. 

All precautions are taken to see that marriage assures 
the happiness of the husband and wife. However, if the 
common life becomes unbearable to one of them, divorce is 
permitted ; but everything is so looked after as to make this 
remedy useless. 

All Icarians can marry without opposition to their mar- 
riage, for the general rule is that all must do it, because 
marriage and the family are the best guarantee of order 
and peace in society, as of happiness for men, for women, 
and for children. 

In the Icarian Republic women haye the same social rights 
as men. The Icarians as a whole consider it their first duty 
and interest to assure the happiness of women. 

It is equally the interest and duty of all Icarians, men and 
women, to protect all children, care for all sich and infirm, 
while being kind and respectful to all old people. 

The whole social organization is so established as to sup- 
press as much as possible the causes for illness (principally 
poverty, weakening or dangerous work and dissipation), to 
fortify the health and improve indefinitely the human 
species. 

Hygiene is employed preferably to medicine. 

The physician, etc., is a public officer or worker, interest- 
ed in the advancement of the public health. 

One of the principal regulations of the Icarian System is 
that it is necessary in everything to look first for the neces- 
sity of a thing, its utility, and for its agreeahleness only in 
the last place. But it is the rule also that one must look for 
unlimited desirableness without other bounds than reason 
and equality in the enjoyment it may afford for all. 

1 



THE ICARIAN COMMUNITY 



243 



The Icarian System recognizes the fine arts, continuous 
progress, and the perpetual tendency toward perfection in 
all. 

Religious opinions will be free and tolerated in Icaria, as 
likewise opinions on all other matters. 

However, the Icarians have adopted the True Christian- 
ity, in its primitive purity, with its principles of Fraternity, 
Equality, Liberty, Partnership and Communism. 

As for outward and public worship, it will be simple, 
without images, devoid of all ceremony and superstitious 
practices, principally devoted to the admiration of the Uni- 
verse, thankfulness toward the Supreme Being, instruction 
on the social duties and the practice of Fraternity. 

There will be no clergy forming a sacerdotal body. 

We can even repeat that our Icarian Communism is none 
other than Christianity such as Jesus Christ instituted. 

We repeat it, Icarians are true Christians, disciples, imi- 
tators and workers of Jesus Christ, applying His Gospel 
and Teachings while working to realize His Kingdom of 
God, His new City, and His Paradise on earth. 

ADVANTAGES OF THE ICAEIAN COMMUNITY. 

We repeat it also, our Community is perfectly voluntary. 
Our whole Icarian System places in common the land and 
all capital, the development of intelligence and activity 
through instruction and education, the abolition of useless 
work, employing all capacities and all arms, and the organ- 
ization of the work. Machines are multiplied to infinity, 
thereby realizing such great economies and so much in- 
creasing agricultural and industrial production that abun- 
dance and well-being are assured for all, while removing at 
once poverty and wealth which are the source of nearly all 
disorders. 

In its turn well-being, united with Fraternity, Education, 
work and the suppression of celibacy, must generally strike 
the root of all vices and crimes. 



244 IOWA JOURNAL OF HISTORY AND POLITICS 



Chapter IV. 
Political Organization of Icaria. 

OF THE COMMUNITY. 

Since the Icarians are all brothers, partners and equal in 
rights, they are all members of the Popular Assembly; they 
all take part equally in debate, in the regulation and admin- 
istration of their common or public affairs. 

All are members of the People and of the public force or 
the civic or national guard and of the Jury. 

They do, themselves and directly, all that they can, there- 
fore, they name proxies or officers only when it becomes 
necessary. 

All officers are elected and hold their positions in the in- 
terest of the People; all are proxies and servants; all are 
elective, temporary, responsible and revocable. 

The government is a radical and pure Democracy, 

It is a democratic Republic. 

It is based not alone on Fraternity and Equality, but also 
on the Sovereignty of the People, on universal Suffrage, on 
Liberty and respect for laws. 

The State is not a monarchy, neither is it a dynasty, an 
oligarchy, nor an aristocracy ; it is the People. 

The People are Sovereign, to them belongs the right of 
making or accepting and revising the Community's social 
organization, constitution and laws. 

The State regulates all that concerns an individual, his 
actions, goods, food, dress, house, education, work, and even 
pleasures. 

Each citizen exercises his portion of sovereignty through 
his vote and right of initiative or of proposing, and through 
his right of electorship and eligibility to office. 

In order that the right of initiative and proposal may be 
exercised most effectively and usefully, the People are di- 
vided into small committees or groups among whom are 



THE ICARIAN COMMUNITY 



245 



distributed all the different branches of public affairs, in 
such a manner that each group occupies itself more spe- 
cially with proposals having to do with the kind of question 
especially confided to that group. 

All is so disposed that each individual can easily and free- 
ly exercise all his rights. 

All is equally disposed so that each group may be per- 
fectly independent of others, and thus can exercise its 
rights in perfect understanding of the case. 

A newspaper, managed by the officers and distributed 
gratuitously to all citizens, makes known to all the facts 
which interest them and of which their knowledge is neces- 
sary. 

As long as the People can come together in a single As- 
sembly they will continue to exercise directly the legislative 
power. When the number becomes so great that it is prac- 
tically impossible thus to assemble, the power to prepare or 
draw up drafts of laws will be delegated to deputies elected 
by them, who shall be temporary, responsible, and subject 
to recall. The right of accepting or rejecting proposals 
thus drawn is reserved to the head Popular Assembly. 

In all cases, the executive power, charged with executing 
the laws, is essentially subordinated to the legislative and 
without power to restrain it. 

Chapter V. 
The Icarian Commune. 
The Icarian Commune is the foundation of the Icarian 
State which is composed of many communes. 
It is a little democratic Republic, 

The population of the Commune must not exceed the num- 
ber of citizens who can unite in a single Assembly, about 
1,000 or 1,200, with their wives and children, about 4 or 
5,000 souls. 



246 IOWA JOURNAL OF HISTORY AND POLITICS 



Its land-lioldings must be extensive enough: 1st, so that 
they will provide sites for the particular houses, workshops, 
stores and civic establishments or public buildings ; 2nd, to 
provide agricultural lands necessary for the providing of 
food and other needs of the population. 

The Icarian Commune was not constituted irregularly, by 
chance as it were, following the caprice of each member, but 
after a general plan carefully drawn, thoroughly discussed 
and finally adopted. This plan indicates in detail the 
squares, streets, houses, w^orkshops, stores, public buildings, 
walks, etc., etc. 

All buildings, special houses, workshops, stores, and pub- 
lic monuments will be constituted according to the partic- 
ular plans previously discussed and adopted. 

Each house will be built for one family^ since everyone 
must marry. This house, simple at first, may become in the 
end as commodious, complete and agreeable as possible or 
needful according to the personal desires of the occupants. 
There shall be a little garden for verdure and flowers. 

These houses have no workshops, implements, store- 
houses or stables in connection, since all work is done in the 
large common workshops, all products are put in the large 
public storehouses, and all horses are confined in one or 
several large common stables. 

All workshops are located the most conveniently possible 
under all conditions, even that of ornament and point of 
view being duly considered. 

The unhealthful and dirty workshops are located far 
from the dwelling-houses. 

Everything is made in quantity for all citizens. 

Each manufacture and each product is regulated by con- 
sumption, which in turn is determined by the necessary 
statistics. 

The workers distribute themselves according to the need 
of each factory. 



THE ICARIAN COMMUNITY 



247 



Each workshop chooses its manager. 

There is a large bakery and also a large butchery, one or 
several large kitchens and dining rooms for the preparation 
and the serving of the common meals, and a large laundry 
with its wash-house and drying-room. 

There is a school for all children, with its gymnasium; a 
museum ; a hospital with its pharmacy and its baths for all 
the sick; a library; a printing-shop ; one or several theaters ; 
public games ; a common house or city hall for popular as- 
semblies, government, meetings, speeches, balls, concerts ; a 
temple, etc., etc. 

As soon as possible there will be one or several large 
reservoirs for distributing to all buildings light, heat and 
water, in such a manner that each family may have its par- 
ticular hatli. Each will also have its little pharmacy , fur- 
nished gratuitously through the large common pharmacy. 

As soon as possible also the Commune will distribute to 
each family the little needful provisions for breakfast and 
for the evening collation. The main meal of the day, after 
work, must remain common according to the principles of 
fraternity, economy and advantage. 

As soon as possible each workshop will have its dressing- 
room where will be placed the working garments which will 
be taken by the workers upon entering and put back when 
leaving so that the citizens may always be properly dressed 
outside the workshop. 

The workshops and the storehouses will be located in the 
outskirts, the streets will be neither over-worked nor dirty, 
and their paving can be suited to the special conditions and 
as expensive as demanded. 

In the Icarian Community, all land is communal, common 
or social, belonging undivided to all members of the Com- 
mune, and administered, exploited, cultivated and harvest- 
ed, by all in common, and in the interest of all, in such a 
manner that all have equal freedom and well-being. 



248 IOWA JOURNAL OF HISTORY AND POLITICS 



In order to realize all economies, all production and all 
abundance possible the land is considered as one demesne. 
This condition requires only one agricultural working, op- 
erated under the one plan only for the several crops, for 
gardening, for the fruits, for the woods, for the pastures 
and the large herds of necessary cattle, for the watering 
and the roads, for the distribution of the cultivators, for 
the workshops, machines, stores, and even for the charm of 
the landscape. 

And as all members of the Commune are equally inter- 
ested in perfection in agriculture, all discuss and decide 
together every question which concerns the land and agri- 
culture as an industry. 

One easily sees all the advantages which result from the 
Community; we have but indicated some of the principal 
ones. 

And let us see what evil it suppresses. 

Chapter VI. 
Evil Abolished by the Community. 

The simple fact of putting goods in common, the suppres- 
sion of individual property, or of the existence of the Com- 
munity, entails necessarily the suppression : of inheritances 
and divisions; of selling and buying; of money for internal 
affairs ; of lending at interest and usury ; of banking, cred- 
iting and discounting ; of internal trade and shops ; of debts, 
of bills of exchange and bills payable at sight; of the Ex- 
change and stock- jobbing; of competition, monopolies and 
obstruction in trade; of failures; of division, lawsuits, 
seizures, arrests for debt ; of civil courts and courts of com- 
merce; of judges, counsellors, attorneys, solicitors, bailiffs, 
notaries, stock-brokers, etc. 

The abolition of money, of selling and trade, adds to the 
well-being of all, bringing about, as it does, the abolition of 



THE ICARIAN COMMUNITY 



249 



robbery and fraud of all kinds and of nearly all other 
crimes ; of criminal courts, prisons, and jails ; of police and 
constables, etc. 

The organization of work puts down strikes and rioting ; 
workmen ^s certificates; distasteful, drawn out and danger- 
ous work; excessive, useless, luxurious, and injurious man- 
ufactures ; and idleness. 

The doing away of useless work employs all hands, se- 
cures the perfection of professional training, the use of an 
infinite number of machines, together with organization and 
concentration, realizing so many economies and increasing^ 
so much production and abundance that they do away with 
poverty and wealth, pauperism, the proletariat, the beggar, 
and the vagabond. The condition so produced abolishes the 
need for all taxes (stamps, registering, town-dues, customs, 
passports, etc., etc.) other than work. 

Marriage for all entails the suppression of disorders and 
scandals in families, of many crimes, of debauchery and 
prostitution. 

There will be no more servants, salaries, lotteries, gamb- 
ling and disorderly houses, revelling, and taverns. 

With the abolition of the many bad things will come an 
immense and rapid uplifting of humankind. 

Chapter VII. 
The Excellence of the Community. 

Thus, the Community is the most complete of all Social- 
istic Systems. It settles all questions, while nearly all other 
systems settle only a few and remedy only a part of the evil. 

While the most complete it is also the simplest because it 
produces unity everywhere, notably in production, distribu- 
tion and consumption. 

It is again the easiest to realize, because it perfects all at 
the same time, conciliates all interests, ruins no one, guar- 

VOL. XV — 17 



250 IOWA JOURNAL OF HISTORY AND POLITICS 

antees tlie existence of all, and produces the greatest power 
for promoting- the well-being of all. 

Tlie Society plainly contains already innumerable Com- 
munistic institutions ; to completely organize the Commun- 
ity it is necessary to further increase the number. It is not 
even necessary that absolutely all may be in common; indi- 
vidualism should be especially conserved where it is prefer- 
able, in the home for example, in the same way that it is 
well, on all questions, to consult reason and utility in decid- 
ing what may be individual and what may be in common. 
The Community is then an Association of blended individ- 
ualism and Communism, in which Communism dominates 
and in which notably, property is common. 

The character of common property, social or national, is 
not in itself a novelty, for actual society knows already a 
very great number of national, communal or social proper- 
ties belonging undivided to families or voluntary associa- 
tions who place their goods in common, etc., etc. It suffices 
to increase rather than diminish the number of these com- 
mon properties. 

Chapter VIII. 
The Icarian Constitution. — Laws. 

Citizen Cabet, author of the Journey in Icaria and found- 
er of the social and the political system of the Icarian Com- 
munity, consented to make with all Icarians who will be 
received through him, an experiment of his system, and to 
expatriate himself for the purpose of trying an Icarian Col- 
ony in America, on condition that he would be during ten 
years. Manager or Director solely and absolutely for experi- 
ment, with power to direct it after his teachings and ideas, 
in order to unite the possible chances of success. 

An obligation or contract was then freely and voluntarily 
entered into between him and the Icarians, and this con- 
tract, truly sacred, was executed in 1850 on the one hand by 



THE ICARIAN COMMUNITY 



251 



Citizen Cabet, who has consecrated his life to Emigration 
and the Colony, and upon the other hand by the Icarians 
who have followed him to Nauvoo. All were well resolved 
to continue to execute it as long as it would not be modified 
by a convention mutually consenting. 

Citizen Cab-et would not have consented to any important 
modification if he had believed it useless or dangerous to the 
Colony and Community. 

But he has believed a modification necessary in order to 
put the Social Contract in harmony with the law and the 
republican sentiment of the Americans. He has not seen 
any inconvenience, moreover, in profiting from the experi- 
ence acquired in the year just past, in applying to the pres- 
ent the radical democratic principles which must always a 
little later govern the Community. 

Consequently, Citizen Cabet himself proposed in Janu- 
ary, 1850, to replace the only and absolute manager during 
ten years by a multiple managership, elective and annual, 
while submitting himself to re-election. 

He has proposed to modify the first Social Contract and 
replace it by a Constitution. 

This Constitution, proposed by him, discussed during 
eight meetings was voted unanimously on February 21, 
1850. Then after the Bill of incorporation for the Icarian 
Community passed the Legislature of Illinois, it was re- 
vised, debated and voted upon anew with unanimity, on 
May 4, 1851, as follows : 



ICARIAN CONSTITUTION. 
Chapter I. 

PEELIMINAEY CONSIDERATIONS. 

Nature has overwhelmed Man with kindness. She has 
poured out upon the earth, around Man, all the elements 



252 IOWA JOURNAL OF HISTORY AND POLITICS 

and productions necessary to teach him the use of these 
things. She has desired the happiness of Humanity above 
all things else. And still history shows us Man unhappy 
nearly everywhere and always. 

Man is by nature sociable, consequently sympathetic, af- 
fectionate and good. Yet history shows us, in every time 
and all countries, vice and crime, oppression and tyranny, 
insurrections excited by despair, and civil wars, proscrip- 
tions and massacres, anguish and torture. 

But Man is highly perfectible; consequently human 
progress is a natural law and evil can not be without rem- 
edy. 

If evil had its origin in the vengeance of a jealous and 
pitiless God who imposed eternal punishment upon the inno- 
cent posterity of a sinful person, whose disobedience came 
through the temptation of an irresistible power, one must 
despair of a remedy and resign himself to suffer. But this 
vengeance and punishment is repugnant to all our ideas of 
justice, of kindness, of divine love and perfection; conse- 
quently we must look elsewhere for the true cause of evil. 

This cause we find in a social organization resulting from 
inexperience, from ignorance and from the mistakes of Man 
in his infancy. Hence, we may find the remedy in a better 
social organization founded on a superior principle. 

Let us replace the olden times by the new, the reign of 
Satan or of Evil, by the reign of God or of Good ; spiritual 
Death by the Eesurrection, Eegeneration and Life; Dark- 
ness by Light ; Eoutine and Prejudice by the Experience of 
the centuries; Error by Truth; Ignorance by Knowledge 
and Learning ; Injustice by Justice ; Domination and Servi- 
tude by Enfranchisement and Liberty. 

Let us substitute the welfare of all for the excessive 
opulence of the privileged few who have nearly everything 
without working, and who are running over with abundance 



THE ICARIAN COMMUNITY 



253 



while the masses who work and produce have nearly noth- 
ing, lack the necessities, and suffer from the enslavement of 
misery. 

Let us substitute for a Religion overburdened with super- 
stition, intolerance and fanaticism, one that is reasonable 
and which teaches men to love and help each other. 

May we adopt a social organization in which the word 
Society may not be a word of reproach and derision, but a 
truth and a reality, and in which there is neither antagon- 
ism nor competition, no exploitation of man by man, neither 
masters, servants, nor hirelings, proletariat nor pauperism, 
idleness nor excessive labor. 

Let us replace individual property, the source of all 
abuse, by social property, common, undivided, which has 
none of the objections of the first and which is infinitely 
more productive for the use of all. 

Let us purify and perfect Marriage and the Family 
through the suppression of dowries, through the education 
of women as well as men, and through liberty in the choice 
of a spouse. 

In a word, the old Society is based on individualism. 
Give us, as a basis for the new. Fraternity, Equality and 
Liberty, Communism or the Community. 

Chapter II. 
GENEEAL PRINCIPLES. 

Section I. — Society. 

Art. 1. — The Icarians form among themselves a true So- 
ciety. They are all Associates. 

Art. 2. — This Society includes all who are or will be def- 
initely admitted, with their wives and children. 

Art. 3. — It is established in the interest of its members, 
to guarantee, as much as possible, their natural rights and 
to assure their happiness. 



254 IOWA JOURNAL OF HISTORY AND POLITICS 

Art. 4. — It is established also in the interest of all Hu- 
manity, through devotion to this one to present a form of 
Society capable of producing happiness and to prove, 
through experience, that Communism, based on Fraternity, 
is realizable and possible. 

Art. 5. — It has for material end the clearing and culti- 
vation of the soil, the construction of houses, the engaging 
in all useful industries; in a word, to make fertile and to 
civilize the wilderness. 

Art. 6. — It is at once agricultural and industrial, civil and 
political. 

Art. 7. — The number of its members is unlimited. 

Art. 8. — It is destined to become a City and a State obe- 
dient to the general laws of the United States. 

Art. 9. — In the meantime it is obedient to the laws of the 
State of Illinois. 

Art. 10. — Aliens of all countries can readily adapt them- 
selves to the Icarian Doctrine and meet all the conditions 
exacted for admission. 

Art. 11. — The conditions and mode of admission are con- 
trolled by a specific law. 

Art. 12. — Its Social Capital includes the fortunes of all 
the Associates. Each brings to the Society all that he pos- 
sesses, without any exception. 

Art. 13. — The Society is planned to be perpetual. How- 
ever, an Associate may withdraw or may be expelled, as 
will be explained in the special regulation for admission, 
withdrawal and expulsion. 

Art. 14. — The Constitution and Laws are made by the 
People and for the People. 

Art. 15. — All powers come from the People and are es- 
tablished in their interest. 

Art. 16. — -The Government is that of a Democratic Ee- 
public. 



THE I CAR! AN COMMUNITY 



255 



Art. 17. — The Icarian Society is based on the principles 
of Fraternity and Communism. 

Art. 18. — It has adopted the name of ^ ' The Icarian Com- 
munity. ' ' 

Section II. — Fraternity. 

Art. 19. — Fraternity of Men and of Peoples is the funda- 
mental and generative principle of the Icarian Community. 

Art. 20. — All Icarians recognize or adopt each other as 
brothers. 

Art. 21. — They say that their purpose is to love, aid, re- 
lieve and defend each other as brothers. 

Art. 22. — This principle is identified with the evangelic 
precept: *^Love your neighbor as yourself/' or with this 
philosophic precept: ^^Do not to another that which you 
would not wish that he do to you; on the contrary, do to oth- 
ers that which you would wish they would do to you/' 

Art. 23. — This principle of Fraternity will be the soul of 
the Constitution and Laws, of the manners and customs. 

Art. 24. — It must be inculcated through the training of 
the child, and applied everywhere with all its consequences. 

Art. 25. — Its principal results are Equality, Liberty, Uni- 
ty, Solidarity. 

Section III. — Equality. 

Art. 26. — The Icarians proclaim natural Equality, social 
or civil and political, without any privilege. They recog- 
nize all to be equals in law and duty. 

Art. 27. — All have the right of being equally well fed, 
dressed, housed, taught, nursed, treated in everything; as 
all have the duty of being equally devoted to the Community. 

Art. 28. — Servitude is done away with. 

Art. 29. — Equality is relative and proportional. Each 
has an equal right in the benefits of the Community, accord- 
ing to his needs, and each has the equal duty of bearing the 
burdens, according to his abilities. 



256 IOWA JOURNAL OF HISTORY AND POLITICS 



Art. 30. — All have the same part in the Sovereignty, the 
same right in the making of the Constitution and Laws. 
All are equally electors and eligible for all the public func- 
tions, at the age fixed by law. 

Section IV. — Liberty. 

Art. 31. — Liberty is natural, social or civil, political. 

%1 — Natural Liberty. 

Art. 32. — By nature, Man is essentially free; violence 
and force cannot give any one the right of domination and 
of mastery. 

Art. 33. — The defence against all attack, the resistance 
to all oppression, are natural rights. 

Art. 34. — But all men are equally free, and, in conse- 
quence, the liberty of each is necessarily limited by the lib- 
erty of others. No one is free to harm the liberty of anoth- 
er. 

Art. 35. — No one is free to violate an agreement freely 
made, an engagement freely contracted. 

%2 — Social or Civil Liberty. 

Art. 36. — The end of Society is to guarantee natural 
liberty by the protecting of all through force if need be. 

Art. 37. — Law, the expression of the social will, deter- 
mines and fixes the necessary limits of liberty. It has the 
right to forbid all that is injurious, and of ordering all that 
is useful. 

Art. 38. — License and anarchy are not liberty; they are 
tn-^ enemies of liberty. 

Art. 39. — When law is made by the People and for the 
People, it forbids only that which is injurious, and orders 
only that which is useful. 

Art. 40. — Then, liberty is the right of doing that thing 
which is upheld by the law and of refraining from doing 
that which is not ordered by it. 

Art. 41. — Obedience to the law is the exercise of liberty. 



THE ICARIAN COMMUNITY 



257 



%3 — Political Liberty. 

Art. 42. — This is the right of concurring directly or in- 
directly, as all others, in the exercise of Sovereignty and in 
the making of the Constitution and Laws. 

Section V. — Unity. 

Art. 43. — Individualism has as many forms as there 
are individuals, the fractions and pieces are infinite, which 
produces weakness. 

Art. 44. — Fraternity and Communism to the contrary 
lead to Concentration and Unity, which produces strength 
and power. 

Art. 45. — The Icarian Community is founded on Unity 
in everything; in the people, who form only one family of 
brothers, and only one army of workers; in the territory 
which forms only one great domain; in agriculture, which 
forms only one vast exploitation of the soil; in industry, 
which forms only one vast industrial exploitation; in edu- 
cation, which forms only one great system of training for 
the entire People. 

Art. 46. — Unity must be harmonized with all the divi- 
sions that indicate reason, science, the ease and usefulness 
of exploitation and work. 

Section VI.— Solidarity. 

Art. 47. — Solidarity is also a consequence of Fraternity 
and Unity. All Icarians are jointly and separately liable 
the one toward the other for security and defence. 

Art. 48. — The Icarian Community is a mutual and uni- 
versal assurance against all accidents, disasters and mis- 
fortunes. 

Art. 49. — Subscriptions and taxes are no longer neces- 
sary against fire, flood, strikes, sickness, ruin and misery. 

Art. 50. — The Community provides each one with all he 
needs, the only condition being that he work according to 
his strength, while all accidents are prevented or suffered 
and repaired by it. 



258 IOWA JOURNAL OF HISTORY AND POLITICS 

Art. 51. — There is no longer the proletariat, pauperism, 
begging or vagabondage in its midst. 

Section VII. — Eespect for Law. 

Art. 52. — The one principle of the Icarian Community is 
respect for law and submission of the minority to the ma- 
jority. 

Art. 53. — Before voting, each voter has the right of ex- 
pressing, in all freedom, his opinion against the proposal 
in debate, but each voter tacitly agrees to submit himself 
to the future decision of the Assembly. 

Art. 54. — The Minority must give way to the Majority, 
and carry out its decision without resistance, without com- 
plaint, without criticism, until the formal revision in the 
form laid down by the Constitution and Laws. 

Section VIII. — Community. 

Art. 55. — Communism is the opposite of Individualism. 
Community in goods is the reverse of Individual Property. 

Chapter III. 
SOCIAL OEGANIZATION. 
Section I — Property, Custom. 

Art. 56. — In the Icarian Community property is not in- 
dividual, but social, common, undivided. 

Art. 57. — Each Associate is a co-proprietor of all ; but 
nothing is individual or personal, or the exclusive property 
of anyone : the Community alone is proprietor. 

Art. 58. — Only, each can and must have the use or the 
pleasure of that which is needed, according to the rules 
established by law. 

Art. 59. — The Community does away with these : 1, all 
abuses of property, opulence and misery that it engenders ; 
2, the right of succession and inheritance, by furnishing to 
all children and citizens what is needful for them; 3, buy- 
ing and selling, trafficking and bargaining, with their frauds 



THE ICARIAN COMMUNITY 



and falsifications, with their cases and their failures, by 
replacing them with the free distribution to all Associates 
of all things which they may need; 4, money, for internal 
use; 5, hanks and excessive interest rates; 6, wages of work- 
ers ; 7, the paij of public officers ; 8, the ludget and taxes ; 9, 
legal processes and the courts, with their employees of all 
kinds. 

Section II. — Wages. 
Art. 60. — All laborers are fed, housed, clothed, furnished 
with all, by the Community; consequently, wages are use- 
less and are abolished. 

Section III. — Public Salaries. 

Art. 61. — Public duties are labor, and the officers are fed, 
clothed, housed, etc. — as other workers ; hence, salaries are 
useless and are abolished. 

Section IV. — Taxes. 

Art. 62. — Taxes of any kind are useless and have been 
abolished. There is no other tax than work, made short, 
easy, without fatigue and danger, even attractive, by means 
of instruction and unlimited machinery. 

Section V. — Organization of Work. 

Art. 63. — Order and organization are necessary every- 
where, principally in work. 

Art. 64. — All the various industries are placed and com- 
bined in a manner to secure the greatest possible return. 

Art. 65. — All work is done in the great common work- 
shops conveniently located. 

Art. 66. — Machines are provided without limit, to aid 
and ensure the worker, even to replacing him, in such a 
manner that man may one day be only a director of ma- 
chines. 

Art. 67. — Machines are materially useful in the Commu- 
nity, since they work for all without harming any one. 



2G0 lOAVA JOURNAL OF HISTORY AND POLITICS 



Art. 68. — All raw materials, tools, machines, are fur- 
nished by the Community, as all products are collected and 
distributed or employed by it. 

Art. 69. — The workers form a peaceful army, directed 
by overseers chosen by themselves. 

Art. 70. — Work is a public function. 

Art. 71. — All kinds of work are equally esteemed and 
honored. 

Section VL — Agriculture. 

Art. 72. — All the above concerning industry, in general, 
applies to agricultural industry. The Community looks 
upon it as the basis of social wealth. 

Section VII. — Food. 

Art. 73. — The Community supplies its members with 
food. 

Art. 74. — It regulates all things which concern food. 

Art. 75. — It establishes, moreover, common meals. 

Art. 76. — As soon as it can, it will provide some meals 
in each family, while furnishing to each all the needed pro- 
visions. 

Section VIII. — Housing. 

Art. 77. — The Community furnishes lodging for all mem- 
bers. 

Art. 78. — As soon as it can it will provide a separate 
house for each family. 

Art. 79. — It regulates all that concerns particular lodg- 
ings, all workshops, all public or common buildings, towns 
and villages. 

Section IX. — Clothing. 
Art. 80. — The Community clothes all its members; it 
regulates all that concerns dress. 

Art. 81. — It harmonizes variety with unity and equality. 



THE ICARIAN COMMUNITY 



261 



Section X. — Education. 
Art. 82. — The Community provides an education for all 
its children. 

Art. 83. — It places the children as it considers best, ac- 
cording to their particular interest and in the general in- 
terest; sets aside the part of their childhood and youth 
necessary to secure an education and regulates everything 
which may concern that. 

Art. 84. — The education given is the most complete and 
perfect possible. 

Art. 85. — The training is physical, moral, intellectual, 
professional, scientific, civic. 

Art. 86. — The physical has for its end the making of 
robust and dextrous individuals. 

Art. 87. — The moral training has as an end the forming 
of excellent citizens who practice the principle of Br other- 
hood and who are accomplished in all the duties of the social 
life. 

Art. 88. — The intellectual education aims to develop to 
the highest point the intelligence of the Icarians, while giv- 
ing to all the elements of all the sciences and arts. 

Art. 89. — The professional purposes to train excellent 
artisans or workers for each trade and industry. 

Art. 90. — The scientific training aims to produce Teach- 
ers and Scholars useful to Humanity. 

Art. 91. — Civic training aims to make known the laws 
and the political and social duties. 

Art. 92. — The elementary and general education is the 
same for men and women alike. 

Art. 93. — Children of the same sex are cared for in sep- 
arate schools. 

Art. 94. — When the Community shall be completely es- 
tablished and developed, the children will be able to live 
with their parents while attending the schools for their 
common education. 



'262 IOWA JOUKNAL OF HISTORY AND POLITICS 

Section XI. — Marriage, Family. 

Art. 95. — The Community is based on marriage and the 
family, purified of all which alters or mars them. 

Art. 96. — The voluntary celibate is interdicted ; all those 
who can must marry. 

Art. 97. — Law controls all that concerns marriage, fami- 
1}^, paternal and maternal authority. 

Art. 98. — Dowry is abolished. 

Art. 99. — The choice of a spouse must be perfectly free. 

Art. 100. — Husband and wife are equals, except for the 
precautions which will be imposed by the law in case of 
disagreement. 

Art. 101. — The duty of faithfulness is the same for both. 

Art. 102. — Marriage is contracted for life. 

Art. 103. — Nevertheless, divorce will be authorized in 
the cases which are provided by law, and with the precau- 
tions which shall be prescribed. 

Art. 104. — Each of the divorced parties will and must 
marry another. 

Section XII. — Disease, The Feeble. 

Art. 105. — The education, hygiene, the general organiza- 
tion of the Society and of the work, must seek to diminish 
disease. 

Art. 106. — The sick and infirm must be taken care of in 
a brotherly manner, whether in a public or common hospi- 
tal or in their families as may be determined by the law or 
the common regulations. 

Art. 107. — The physician, the surgeon, the pharmacist, 
the hospital attendant or nurse are workers who have their 
work and special place of work as do all other workers. 

Section XIII. — Women, Children, The Aged. 

Art. 108. — The Community guarantees : first, to women 
as a whole, from men as a whole, respect and regard; se- 



THE ICARIAN COMMUNITY 



263 



cond, to the children, love; third, to the aged, regard and 
respect due them ; fourth, to all, devotion and protection. 
Section XIV. — Religion. 

Art. 109. — The Icarian Community adopts Christianity 
in its primitive purity, with its fundamental principle, 
Brotherhood of Men and Peoples, as its Eeligion. 

Chapter IV. 

POLITICAL ORGANIZATION. 
Section I. — Sovereignty. 

Art. 110. — Sovereignty belongs to the Community. 

Art. 111. — It is exercised concurrently in the name of 
the Community through the General Assembly and the Man- 
agership, each to the limits of its privileges. 

Art. 112. — Each citizen exercises his portion of Sover- 
eignty through his vote. 

Art. 113. — Every vote is public. The written vote is 
signed. 

Section 11. — Public Powers. 

Art. 114. — There are two great powers: the legislative 
and the executive. 

Art. 115. — These two powers are necessarily distinct 
and separate. 

Art. 116. — The executive is subordinate to the legislative. 

Art. 117. — The legislative power is placed in a General 
Assembly, and the executive in a Board of Managers. 

Art. 118. — The judicial power is exercised through the 
General Assembly or through a jury organized by law. 

Section III. — The Legislative Power. 
General Assemljly. 

Art. 119. — The Assembly is composed of all men who 
have been definitely admitted and who are twenty years of 
age. 



264 IOWA JOURNAL OF HISTORY AND POLITICS 

Art. 120. — The women are admitted to a separate place, 
with consultative voice. They are expected to give their 
advice on all questions which particularly concern them. 

Art. 121. — The General Assembly makes the Constitu- 
tion and the Laws. 

Art. 122. — The proposals for laws may be presented 
either by the Board of Managers or by the citizens. 

Art. 123. — The procedure of the General Assembly is 
regulated by a special organic law. 

Art. 124. — When the membership becomes too great, it 
will be replaced by the Popular Assemblies and by a repre- 
sentative or national Assembly, among which the legisla- 
tive and judicial powers will be distributed by a special 
constitutional law. 

Section IV. — Executive Power — Board of Managers. 
§1. — Prerogatives of the Managers. 

Art. 125. — The Managers are charged with the execution 
of the laws, and propose the necessary means for their 
execution. 

Art. 126.— They are also charged with the administra- 
tion conformably to the laws. They name all the officers 
or agents who are needed to aid them in this administration 
under their responsibility. 

Art. 127. — Some laws are needed for authorizing borrow- 
ing and the purchase or sale of real estate. 

Art. 128. — Special laws will provide for all commissions 
that will be needed from time to time. 

§f. — Composition of Board of Managers. 

Art. 129. — The Board is composed of six members. 

Art. 130. — One of these shall be the President. 

Art. 131.— These six members discuss and decide in com- 
mon the principal questions. 

Art. 132. — In case of disagreement, the President has 
the deciding voice. 



THE ICARIAN COMMUNITY 



265 



Art. 133. — The Board can transact the business before 
it only when the members present or their assistants are 
not less than three in number. 

Art. 134. — Each member of the Board may demand that 
his opinion be registered on every proposition arising and 
even be communicated to the General Assembly. 

Art. 135. — Each member assumes the title of Member of 
the Board of Managers. 

§5. — Election of the Board. 

Art. 136. — The six members are elective. 
Art. 137. — They are elected by the General Assembly. 
Art. 138. — They are elected for a year. 
Art. 139. — They are indefinitely reeligible. 
Art. 140. — One-half are subject to reelection every six 
months. 

Art. 141. — They are elected by an absolute majority and 
by a written and signed ballot. 

Art. 142. — The President shall be elected separately. 

Art. 143. — The five remaining members of the Board 
shall be elected conjointly by ticket. 

Art. 144. — Before election a list shall be drawn up on 
which will be placed all those who will be presented as can- 
didates. 

Art. 145. — Those to be voted for shall be taken only from 
the candidates whose names are so listed. 

Art. 146. — Each candidate shall, in demanding that his 
name appear on the list, explain his motives as a candidate. 

Art. 147. — The Assembly shall be consulted in case of 
dispute concerning the listing of any name. If ten mem- 
bers demand that the name be placed on the list, it shall 
be placed thereon. 

Art. 148. — An open presentation of views shall be re- 
quired of every candidate. 

Art. 149. — The discussion shall be free and frank, but 

VOL. XV — 18 



2()() IOWA JOURNAL OF HISTORY AND POLITICS 



dignified and brotherly, exclusively animated by the senti- 
ment of general and common interest. 

%4. — Division of Board Duties. 

Art. 150. — The members of the Board divide the duties 
of administration among themselves. 

Art. 151. — The duties are divided as follows : 
. 1. The Presidency — Supervision and general direction ; 

2. General direction of finances and food; 

3. General direction of housing and clothing; 

4. General charge of education, of health and recrea- 
tions ; 

5. General direction of industry and agriculture ; 

6. General direction of the secretaryship and of the 
printing-office. 

Art. 152. — The members of the Board may not preside 
over the General Assembly. 

§5 — The President. 

Art. 153. — The President of the Board has the title of 
President of the Icarian Community. 

Art. 154. — He represents the Community in all of its 
external relations. ^ 

Art. 155. — He acts, corresponds, negotiates, treats, ap- 
pears in courts either as plaintiff or defendant, and signs 
all papers in his capacity as President of the Icarian Com- 
munity. 

§^ — Besponsihility. 

Art. 156. — The Board is responsible. At the beginning 
of each month it will present a summary of its work during 
the preceding month and of the financial situation as well. 
Every six months, eight days before the election, it shall 
render an account of its administratioii during the six 
months to the General Assembly and explain to it the situa- 
tion of the Community. 



THE ICARIAN COMMUNITY 



267 



%7.— Public Duties. 

Art. 157. — All public duties are established in the inter- 
est of the Community. 

Art. 158. — They are as numerous as necessary. 

Art. 159. — All are a duty, an obligation, a work which 
one cannot give up without a legitimate excuse for so doing. 

Art. 160. — The place where they exercise their duties is 
in the place of public office. 

Art. 161. — The performance of their duties in the public 
office is mandatory. 

Art. 162. — All offices are elective except as mentioned in 
Art. 126. 

Art. 163. — Office is temporary, accountable and respon- 
sible. 

Art. 164. — Each command shall be issued in a fraternal 
spirit and shall be obeyed with all due respect for the law. 

Art. 165. — In case of abuse, either of the citizen by the 
officer or of the officer by the citizen, each has the right to 
protest or complain. 

Section V. — Judicial Power. ^ 
%1. — Offenses. 

Art. 166. — In the Community the offenses are: acts 
which wrong the Society or some of its members ; violations 
of its principles, laws or regulations ; the illegal disposition 
of a common object ; want of care and economy; those things 
which would bring disorder and trouble into the great fami- 

Art. 167. — Falsehood and slander are inexcusable of- 
fenses. 

Art. 168. — Insulting, criticising and speaking evil of the 
General Assembly are also offenses. 

— Penalties. 

Art. 169. — The penalties are: 1st, censure in the work- 
shop, or in the General Assembly, or in public with more or 



2()8 IOWA JOURNAL OF HISTORY AND POLITICS 

less of publicity; 2nd, exclusion from the workshop, or the 
General Assembly, or from the Community in those cases 
which may be determined by law. 

§5. — Reporting Ofenses. 

Art. 170. — Each Workshop Director must report, in a 
weekly or special report, the offenses committed in his 
workshop. 

Art. 171. — It is a duty of each citizen to make known, in 
the interest of the Community, the offenses committed 
against it. 

Art. 172. — - It is a duty of the Board of Managers to in- 
vestigate offenses and demand against the offenders the 
execution of the laws. 

§4. — Judgment. 

Art. 173. — The offenses against workshop regulations 
are judged by the workshop. 

Art. 174. — The common offenses against the Community 
are judged by the General Assembly or by a jury. 

Section VI. — Amendment. 

Art. 175. — The Icarian People have necessarily the right 
to amend and modify the Constitution. But they can, in 
their interest, draw up rules and forms for the purpose of 
preventing the exposure of the Constitution to changes 
which are too precipitate or frequent. 

Art. 176. — The Constitution may be revised only at two 
year intervals, in 1853, 1855, etc. 

Art. 177. — The amending shall be done in March. 

Art. 178. — Any one who may wish a complete or partial 
revision must ask it in writing, in the next to the last week 
of February, 

Art. 179. — All others who would wish to modify or change 
it in any way must do it, in writing, in the same way and at 
the same time. These revisions must be posted during the 
last week of February. 



THE ICARIAN COMMUNITY 



Art. 180. — In the last week of March, the Assembly shall 
decide first by a majority of three-fourths, if it will consider 
the demand for amendment. 

Art. 181. — In this case it shall fix the opening of the dis- 
cussion for a day in the second week of March. 

Art. 182. — Each member can propose, in writing, amend- 
ments to the changes proposed. 

Art. 183. — The Assembly shall discuss and vote, by a ma- 
jority of three-fourths, the total or partial revision of the 
Constitution. 

Final Disposition. 
A printed copy of the Constitution and principal laws, 
when the General Assembly shall so order, shall be sent to 
each member of the Community. 



EEGULATIONS FOR THE GENERAL ASSEMBLY. 
A STATEMENT OF MOTIVES. 

In every country, the law concerning the General Assem- 
bly is one of the most important, since it regulates the mak- 
ing of all other laws. 

In Icaria especially, it is one of the fundamental laws 
and nearly constitutional. 

The Icarian Constitution and the Icarian law of the Gen- 
eral Assembly are perhaps the most liberal, the most demo- 
cratic and the most popular that exist ; for they declare and 
constitute the Sovereignty of the People, universal suffrage, 
the right of each citizen to propose laws, to discuss and vote 
upon them, while according to the women the right to assist 
in the Assemblies and to take part in all discussions, to 
express their minds and defend their interests. 

The Icarian law goes the farthest; it declares that taking 
part in the General Assemblies is not alone a right, but a 
duty; and this principle, that participation is a duty, is a 



270 IOWA JOURNAL OF HISTORY AND POLITICS 



great step in tlie practice and organization of the Demo- 
cracy. 

It is a duty, in sliort, for the Icarian, either to himself or 
to his fellow-citizens, who are his brothers, or to the Com- 
munity taken collectively. 

It is a duty that he owes to himself, with respect to his 
proper interest and his personal dignity. An intelligent 
and rational being, jealous of the dignity of man, and trust- 
worthy of the name of man in the highest acceptance of the 
word, must appreciate and desire the moral and intellectual 
pleasures before the material and sensual ones. He must 
wish Liberty, Equality and Fraternity above all, and do 
all things which will assure him the possession of these. He 
would merit neither the name of Democrat, nor even that 
of man, nor especially that of Icarian, who would disdain 
to exercise the rights of a citizen and, in consequence, to 
assist in the General Assemblies for the purpose of taking 
part in the making of the laws which must regulate his acts 
and his fate. 

Also, especially the workers and the proletarians call for 
the recognition and the practice of the principle of the Sov- 
ereignty of the People, of universal suffrage and of the par- 
ticipation of each citizen in the making of the laws and the 
decisions on public affairs. 

Now, if the Icarians could enjoy in Icaria all these advan- 
tages without any reserve and without any hindrance, 
would they not then be lacking and give themselves the lie 
if they should neglect to exercise their right? 

Participation in the Assembly is also a duty for each 
Icarian toward his brothers, inasmuch as each owes to them 
the tribute of his intelligence, training, experience, ability, 
observations, opinions and counsels or advice. To be in- 
different to the public welfare and the happiness of his 
brothers, to occupy himself only with his personal pleasures, 



THE ICARIAN COMMUNITY 



271 



would not only be an act of folly, which would compromise 
his particular interests, but would again be an act of selfish- 
ness of the bad citizen and bad brother. 

Participation in the General Assembly is, again, a rigor- 
ous duty to the Community considered collectively, for the 
Community is profoundly interested in what improves its 
members and would raise them to a high moral plane as 
soon as possible, knowing all their interests, duties, laws, 
regulations, decisions, all that is needed to be done, is final- 
ly executed and put into practice. It is in the General 
Assembly alone that all learn, know and perfect themselves. 
One would necessarily harm the Community who, neglecting 
to take part in the Assemblies, would expose himself to the 
violation of the laws and the social obligations due to the 
error of not knowing them. This duty of taking part in 
the Assemblies, exists evidently for the one admitted pro- 
visionally as well as for those who are definitively admitted. 

This duty evidently exists for the women as well as for 
the men, for the young girls and the young women as well 
as the older women, since the Community is quite evidently 
interested in seeing that they know what are their duties 
as well as their rights, all decisions and all regulations of 
conduct, to the end that they may be able to conform them- 
selves to them. 

The same may be said for the young men who are not in 
the schools. 

The whole Colony must then be quite entirely united, as 
much as possible, in the General Assembly, for the purpose 
of drawing up and making the laws, while at the same time 
living together as brothers. 

And anyone who, in place of taking part in the General 
Assembly, would go to pass the evening elsewhere, especial- 
ly at the house of persons foreigners to the Community, 
would be equally lacking in his duties toward the Commu- 
nity. 



272 IOWA JOURNAL OF HISTORY AND POLITICS 



Though the mass of the Icarians show themselves faithful 
to this duty, experience has indicated some abuses and the 
necessity for some measures of order and some regulating 
arrangement or of some recourse to the law to realize com- 
pletely the above principle, and to guarantee equally liberty 
to all. 

Thus, it may be seen that it is a duty for each Icarian 
man and woman to take part in the General Assembly. It 
necessarily results that it is absolutely impossible to dis- 
pense with the presence of anyone, excepting upon proof 
of sickness, forced absence or public service ; that the care- 
takers of the sick themselves may not be exempted from 
attendance and should always take the necessary measures 
to render their presence possible; that one who cannot at- 
tend must, when he can, notify the Board of Managers or 
the Assembly Bureau; that he must make known the reason 
for his absence ; that the absence and reason therefor must 
be stated in a process-verbal or in a special report; that 
each one must arrive at the indicated hour, and may leave 
only at the close of the meeting. 

To make it easier to count those present and those absent 
as well as the vote for or against any measure, separate 
places must be designated for the women, for the young 
men, for those provisionally admitted, and for those defi- 
nitively admitted. Each must place himself in his class, oc- 
cupying the places nearest the Bureau, in such a manner 
that the places farthest away may be occupied by the last 
arrivals without inconveniencing anyone. 

As soon as there shall be a certain number of persons, of 
nurses especially, who cannot take part in some of the meet- 
' ings, it will be necessary to make known what has been done 
in these meetings. 

It is needless to say that silence, gravity, dignity, all 
propriety must reign in the Icarian Assembly, with Frater- 



THE ICARIAN COMMUNITY 



273 



nity, Equality and Liberty; that each must be seated, and 
that all heads must be uncovered as soon as the needed place 
for disposing of the head-coverings shall have been provid- 
ed for. No one may speak until he has removed his hat. 

But the law of January 30, 1851, which regulates many 
other questions concerning the rights and duties of the 
members of the Assembly, of the Bureau, of voting, etc. 
could not foresee abstention from voting because it was 
difficult for the author of the proposal for this law to foresee 
such a case. Since such cases have appeared several times 
it is necessary to regulate them. Can an Icarian who is 
present at a voting abstain from voting either for or 
against! We do not believe so, since an Icarian is admitted 
only after declaring that he knows all Icarian writings, doc- 
trine, principles and the system, constitution and laws. 
From that time he must have had social and political in- 
struction, and taken part in the complete discussion of some 
question. He can demand all needed explanations and 
hence cannot, reasonably and sincerely, affirm that he has 
no opinion either for or against any question. Consequent- 
ly, he cannot abstain, for, otherwise, many could do it, and 
then what could not one say of the Icarians? 

We cannot admit that there has been such a spirit upon 
the part of anyone in the Icarian Assembly, nor that anyone 
could not have the courage of his opinion, and consequently 
we think that no one should abstain from voting. 

We even think that everyone must be ready to express 
his opinion and that he will do so without repugnance and 
without hesitation, upon the request of the President of the 
Community or the President of the Assembly, or of another 
member. 

Consequently, when the vote is to be taken by the raised 
hand or by being seated and then rising, one would be lack- 
ing in courage and loyalty to abstain clandestinely from 
taking part therein. 



274 IOWA JOURNAL OF HISTORY AND POLITICS 



It is the same wlien voting at an election. Abstinence 
would be unjustifiable, since it would be impossible for an 
Icarian not to know someone dignified and capable, either 
to be presented as a candidate or to be elected. 

As for the form of voting, the public vote by ^^Yes'' or 
^^No" on the call of the roll is the most solemn, certain, 
democratic and Icarian. It must be employed always if it 
does not require too long a time, which can be better used. 
However, it will be agreed that it will be preferred for a 
vote on the whole of a law or for the important ques- 
tions, or when the President of the Community shall demand 
it, or when ten members rise to ask for it. 

And when in the voting at an election, as the necessity 
of an absolute majority would require several ballots and 
a great deal of time, one can see that the operation will be 
terminated necessarily at the third time of balloting, 
through a balloting between the two candidates who will 
have attained the most votes on the second ballot. 

Since the election of the two Vice-Presidents and the 
three secretaries of the General Assembly would require too 
much time by written vote, it is reasonable to abridge and 
facilitate the operation by a rising vote. 

The law of the thirtieth of January speaks of the order 
of the day being announced in advance of the discussion so 
that each person may prepare himself without being too 
much surprised. But in order to attain completely this 
end, it is necessary that the proposition to be discussed and 
its motives be drawn up in writing, read, published, posted, 
and then read in the Assembly. In order that the discussion 
may be complete, it is necessary that there must be, if some 
one demands it, a general discussion on the principle, then 
a discussion and a vote on each separate article, then finally, 
a general vote to adopt or reject the proposition. 

It may serve a useful purpose to publish the important 
votes. 



THE ICARIAN COMMUNITY 



275 



Must those Icarians who do not understand French per- 
fectly be required to attend the Assemblies? There are 
some reasons for not requiring them to do so, but other 
reasons more numerous and stronger for refusing the ex- 
ception. They would have a sort of an apparent privilege 
if they were excused ; they would remain for a longer period 
strangers to the language; they would not undertake any 
part in the discussions or voting ; they would be ignorant of 
nearly everything, would not be able to do anything, and 
would be as strangers in the midst of their brothers. But, 
if they are admitted without knowledge of the language and 
be obliged to take part in the Assemblies, it would be neces- 
sary to take all possible means to teach them the French 
and to make them understand the proposal, the discussion, 
the question to decide and the vote. 

What is the number of votes necessary either for a delib- 
eration or an election! The law of the thirtieth of January 
did not say, but we think that this number perhaps would be 
reasonably fixed at nine-tenths of the members present at 
the time and legally assigned and recognized. 

Finally, six Commissioners, drawn by chance from the 
roll during a month, who will choose a chairman from 
among themselves, appeared necessary to verify those pres- 
ent and absent, those entering and those leaving, to do the 
placing, to count the votes, and generally to look after the 
order in the Assembly and make a report to the President 
of the Community. 

Through these many considerations and wholly in keep- 
ing with the law of January 30, 1851, it is now proposed to 
the members of the Icarian Community to add the following 
regulations ; 

Art. 1. — It is an absolute duty for all Icarians, men and 
women, to participate in the General Assembly. 

Art. 2. — An insurmountable difficulty alone should pro- 
vent it. 



276 IOWA JOUENAL OF HISTORY AND POLITICS 

Art. 3. — Sickness, absence through public service, can 
alone be a legitimate excuse. 

Art. 4. — Nurses of the sick even must participate as soon 
as they have been able to take the necessary measures for 
whatever thing may be required. Meanwhile, the Board of 
Managers will take the proper measures in order that they 
may know what has been done in the Assembly. 

Art. 5. — The members who cannot speak French will not 
be exempted from participating in the Assembly, but the 
Board of Managers will take the necessary measures to 
make all known to them. 

Art. 6. — Those who find it impossible to take part must, 
as soon as possible, notify the Bureau or the Board of Man- 
agers. 

Art. 7. — Each must appear exactly at the hour indicated. 
Art. 8. — The meeting must open regularly at the hour 
fixed. 

Art. 9. — - Women, provisionally admitted, young men, def- 
initively admitted, are separately placed. 

Art. 10. — Women have a special door for entering and 
leaving. 

Art. 11. — Upon entering, each must take that place near- 
est the Bureau. 

Art. 12. — No one must remain outside or on the steps. 

Art. 13. — Each meeting will begin with the roll-call. Ab- 
sences will be announced, approved or disapproved by the 
Assembly in the same meeting or at the following meeting. 

Art. 14. — Nine-tenths of the members present in their 
places and not prohibited from voting are necessary to be- 
gin a discussion or election. 

Art. 15. — All proposals of law must be written down, ex- 
plained, read to the Board of Managers, publicly read and 
put on the order of the day the last week in the month before 
discussion. 



THE ICARIAN COMMUNITY 



277 



Art. 16. — The affairs of administration and all urgent 
questions are excepted from the operation of this rule. 

Art. 17. — In case of opposition, a three-fourths majority 
will be necessary for an urgency measure. 

Art. 18. — Anyone may demand a general discussion be- 
fore the discussion of each article. 

Art. 19. — Each must be uncovered in speaking. 

Art. 20. — No one may abstain from voting, either on roll 
call, or by rising, or by raised hand. 

Art. 21. — Each one must state and support his opinion 
when another member desires to know it. 

Art. 22. — No one may abstain from voting in an election. 

Art. 23. — The vote on a law as a whole will always be by 
roll-call. 

Art. 24. — It can be taken in the same manner on one or 
several special articles, when it shall be demanded by the 
President of the Community or by ten members who rise to 
that effect. 

Art. 25. — The votes are public. 

Art. 26. — The vote shall always be by an absolute ma- 
jority unless a special law be passed providing a quarter 
majority. 

Art. 27. — In the case of an election, when no candidate 
obtains an absolute majority on the second ballot, the third 
ballot shall be cast by balloting between the two candidates 
who have obtained the most in the second. 

Art. 28. — The election of the two Vice-Presidents of the 
Assembly and the three Secretaries will be by rising vote 
or by raising the hand. 

Art. 29. — An outsider may participate in the Assembly 
only by the authority of the President of the Community. 

Art. 30. — The Board of Managers will have a separate 
table near that of the Assembly Bureau. 

Art. 31. — Six commissioners selected from the month's 



278 IOWA JOURNAL OF HISTORY AND POLITICS 

mem her ship roll, choosing a chairman, are charged with 
keeping the order of the placing of members, of verifying 
the late arrivals and those leaving, also the votes and those 
refraining from voting and all infractions of the present 
regulation. The Chairman shall make a report which shall 
be attached to the process-verbal and read with the latter to 
the Assembly. 

Art. 32. — Two of the six commissioners will aid the Com- 
missioner of the Refectory to prepare the room before and 
after the meeting. 

Art. 33. — There shall be a special regulation for the 
preparation of the room, its fuel, its light, etc. 

Done at Nauvoo, March 3, 1855. 

This project, discussed in three meetings of the General 
Assembly, was finally carried, on April 22, on roll-call, and 
adopted by 129 yeas to 2 nays, and became the rule of our 
General Assembly, replacing the one of January 30, 1851. 

THE LAW CONCEENING ADMISSION, WITHDRAWAL AND 
EXPULSION, OP APRIL 5, 1850. 

Admission in America is declared, by the General As- 
sembly, by a three-fourths majority of the voters after veri- 
fication of the fact that the one requesting unites all qualities 
and meets all existing conditions of membership. 

It is provisional or definitive. 

Provisional admission lasts two months. It is for the 
novitiate to satisfy himself that he really wishes to remain 
a Community member and that the Community desires him 
to become so. 

If the provisionally admitted one withdraws or is not def- 
initively admitted, he must be given four-fifths of his share 
brought in, clothes, bed and tools. 

He who is admitted definitively can withdraw. He will 
be given one-half of his goods brought in, to wit : 20 dollars 
and whatever surplus may have resulted from the delay of 



THE ICARIAN COMMUNITY 



279 



the General Assembly. They will also return him an outfit 
of clothing, his bed and tools. He may not demand another 
thing. 

The one who violates the laws and regulations may be ex- 
pelled by a decision of the General Assembly by a three- 
fourths vote. They will return to him the same as to him 
who withdraws voluntarily. 

But the prosperous condition of the Community having 
permitted the diminishing of the entrance share and the 
establishment in Iowa necessitating a new arrangement, I 
have proposed to the General Assembly the following reso- 
lutions which embody the principles of a new law. 

PEINCrPLES OF THE EEVISION OF THE LAW OF APEHi 5, 1850, 
UPON ADMISSION, WITHDEAWAL AND EXPULSION. 

The President of the Community proposes: 

1. To preserve the principle of the novitiate unmodified ; 

2. To preserve the principle of definitive admission 
through the General Assembly of the Community; 

3. To preserve the principle of optional withdrawal; 

4. To preserve, in case of withdrawal, the principle of 
the return of a suit of clothing, of a bed and of tools ; 

5. To preserve, in case of withdrawal from Nauvoo, the 
principle of the return of one-half of the contributed share 
conformably to article 26, numbers 4 and 27 of the law of 
Aprils, 1850; 

6. To introduce, starting January 1, 1855, a fixed sum 
for all those who shall not demand one-half of their equal 
share ; 

7. To control the question of admitting young girls, ad- 
mitted without the required shares, that each unmarried 

\ man may wish to marry ; 

' 8. To reduce to 300 francs the minimum share ; 

i 9. To adopt the principle of other successive reductions 

j as soon as possible ; 

i 



280 IOWA JOURNAL OF HISTORY AND POLITICS 



.10. To apply as soon as possible the principle of uni- 
form, of the diminishing of the cost of dress and the replace- 
ment of the old dress by a new one which will be furnished 
by the Community. 

SPECIAL ARRANGEMENTS FOR THE COLONY IN IOWA. 

The following arrangements are also proposed : 

11. All Icarians definitively admitted into the Com- 
munity, will he permitted to leave for the Colony when they 
so demand. 

12. The order in which the departure shall be effected 
will be regulated, among all who demand, by the General 
Assembly. 

13. The one who shall desire to leave shall deliver to the 
Board of Managers, to be submitted to the General Assem- 
bly, his written and signed demand in which he shall prom- 
ise: 1. to practice more and more the principles of the 
Icarian Community ; 2. to observe the Icarian Constitution 
and all the laws which are and will he made by the General 
Assembly of the Community, notably the law of May 28, 
1854 on the organization of the Colony, and the present law 
of June 12, 1854; 3. to not leave the Colony before two 
years without the authorization of the General Assembly; 
4. to return to Nauvoo when called by the General Assem- 
bly; 5. to demand nothing for his worJc in case of with- 
drawal and demand only that which is allowed by articles 15 
and 16 of the present law ; 6. to address himself exclusively 
to the General Assembly for all claims or disputes which 
may arise against the Colony, the Community, or one of the 
members. 

14. Through an exception to number three of the pre- 
ceding article, young men may, after a year of sojourn in 
the Colony, be permitted by the General Assembly to return 
to Nauvoo. 



THE ICARIAN COMMUNITY 



281 



15. The one who shall fraternally leave the Colony be- 
fore the two years of sojourn, shall receive his suit of clothes 
and his bed, such as he shall find it at the time of his with- 
drawal, and the tools which shall have been recognized be- 
fore his departure as being necessary, or their total value, 
if the colony judges them indispensable for itself, and be- 
yond that a fixed sum. 

16. He who fraternally leaves after the two years, shall 
receive, beyond the things and the fixed sum arranged by 

the preceding article the sum of dollars, and half 

for each child above ten years. 

17. The present arrangements apply to those who have 
been admitted before April 5, 1850, and to those who shall 
arrive at Nauvoo after January 1, 1855; but they cannot 
have retroactive effect prejudicial to those who have arrived 
in the Community after the law of April 5, 1850, or who 
have arrived before January 1, 1855. 

Consequently, in case of withdrawal, either from Nauvoo, 
or from the Colony, they may demand the application of the 
law of April 5, 1850, if they shall not have voluntarily re- 
nounced its privileges. 

These arrangements were adopted on June 12, 1854, 
after several meetings for discussion, on roll-call, by 104 
yeas against 5 nays, and 5 abstaining. 

CONDITIONS OF ADMISSION. 

These are found in the Prospectus. They are here pre- 
sented in abridged form only: 

1. Know well the Icarian writings, have the principles 
well in mind, and be acquainted with: The Journey in 
Icaria; Why I Am a Communist; The Communist Creed; 
True Christianity; The Colony or Icarian Republic; The 
Prospectus of 1852. 

2. Be generally able to read and write. 

VOL. XV — 19 



282 IOWA JOURNAL OF HISTORY AND POLITICS 



3. Completely adopt the Icarian system. 

4 and 5. Devote one's self to the cause of humanity, wom- 
en and children. 

6 to 10. Adopt the principles of Fraternity, Equality, 
Communism and Unity. 

12 and 13. Surrender all property, hiding nothing. 

14. Bring at least 400 francs or $80.00 (one-half as much 
for every child under seven years), with his clothing, hed 
and tools. 

15 to 18. Generally follow a useful trade. Able to work 
in one of the workshops. 

19 to 37. Be industrious, vigorous, not too old, of good 
hearing and temperament, not using tobacco or strong liq- 
uors, trained to propriety, decent in words and acts, careful 
and economical. 

38. Agree to marry. 

39. Adopt True Christianity as a religion. 

40 and 41. Agree to never be hostile toward the Com- 
munity. 

42 to 44. Guarantee that his wife and children have all 
the necessary qualities. 

45. Consent to whatever means the Community may 
adopt for the education of his children. 

46. Accept the Constitution and Laws already made. 



THE LAW FOR ORGANIZING THE IOWA COLONY. 

Art. 1. — The seat of the Icarian Community is at Nauvoo, 
Illinois, unless the Community itself may transfer it else- 
where. 

Art. 2. — The establishment founded by the Icarian Com- 
munity in Iowa is, by report to the Community, a movable 
workshop, a trust, an advance-guard, a colony. 



THE ICARIAN COMMUNITY 



283 



Art. 3. — The Colony must apply and practice all prin- 
ciples of Icarian Communism, in order to realize the aim of 
the Icarian Community. 

Art. 4. — Sent out by the Community, founded by it at its 
expense and for this, the Colony must act, work, produce, 
pre-empt, acquire and possess for the Community. 

Art. 5. — It is under the Community's direction and must 
execute its Constitution and its Laws made and to be made, 
its rules and its decisions. 

Art. 6. — The Community forbids the passage of any new 
law or revision of a law, or any change in the constituted 
principles of the Icarian Community. 

Art. 7. — An extract from the act of incorporation granted 
by the Constitution, shall be repeatedly recorded or publicly 
registered with the present law in Adams County. 

Art. 8. — The Colony must keep a journal of financial pro- 
ceedings and an account of its operations and work, and 
render an account of all its receipts and expenditures to the 
Community. 

Art. 9. — It shall write the Community at least once per 
month. 

Art. 10. — The Colony shall meet in a Colonial Assembly 
to regulate its work and its special operations. The women 
and young men assist with a consultative voice. 

Art. 11. — The Colony may neither make, purchase nor 
sell furniture, nor begin anything. The Community alone 
has the right to do this and in its own name. The Colony 
may not even countenance anything begun within it, except 
with the permission of the Community, in the name of the 
latter, with the warning that it will have to surrender it 
with no return therefor. 

Art. 12. — The Colonial Assembly shall have a President, 
a Vice-President, and one or two Secretaries elected by it 
for three months. 



284 IOWA JOURNAL OF HISTORY AND POLITICS 



Art. 13. — The Colony shall have a Director, an Assistant 
Director, and a Secretary-Treasurer, elected by it, each 
year and reeligible. 

Art. 14. — The election of the Director, Assistant Direc- 
tor and Secretary-Treasurer is subject to the ratification of 
the General Assembly of the Community. 

Art. 15. — The new Director, Assistant Director and Sec- 
retaries may enter upon the duties of their offices only after 
confirmation by the General Assembly of the Community. 

Art. 16. — The Director is especially charged with over- 
seeing the execution of the laws of the Community and the 
observation of its principles, administering the Colony in 
concert with the Colonial Assembly, executing the decisions 
of the latter, representing it on the outside and rendering 
an account of its operations, and corresponding with the 
Board of Managers. 

Art. 17. — The Secretary-Treasurer takes care of the 
cash, makes the payments, keeps the account books and 
draws up the letters sent to the Assembly for approval, all 
of which is under the supervision of the Director, and in 
collaboration with him. 

Art. 18. — Admission to the Colony, the agreements made, 
the duties of the colonists, all questions relative to the 
shares will be regulated by special law which will be done 
by constantly revising the law of April 5, 1850, on admis- 
sion, withdrawal, and expulsion, and for the regulation of 
what shall be given the one or the other who shall leave, 
either from the Community or from the Colony. 

Art. 19. — When the Colony shall include a majority of 
people definitely admitted into the community — the seat 
of the latter shall be transferred to the Colony, by a law 
which shall regulate the organization or the action of the 
minority, or of the rear-guard remaining at Nauvoo. 

This was presented by Citizen Cabet, May 6, discussed in 



THE ICARIAN COMMUNITY 



285 



five meetings, and adopted May 28, upon roll-call, by two 
hundred to twelve. 
Done at Nanvoo, May 28, 1854. 



APPEAL TO ICAHIANS OF EUROPE AND AMERICA AND 
TO PHILANTHROPISTS 

Icarians of all countries, who are well acquainted with 
our Icarian system and our Icarian doctrine, who adopt 
them completely, who partake of our devotion to the cause 
of the People and of Humanity, who combine all the neces- 
sary qualities, who fill all the required conditions, and espe- 
cially who consent freely and voluntarily to put all in com- 
mon in order to bring about the triumph of our system of 
Fraternity and Community, Equality and Liberty, of De- 
mocracy and of the Kepublic, come, aid us to establish in 
the wilderness an Icarian Commune and afterward a State. 
Come, Brothers, and you will be welcome ! 

And you who can not come, but who have heroic spirits 
and generous hearts, you, friends of Progress and of Hu- 
manity, you Philosophers or Philanthropists of all classes, 
you sincere and zealous Christians who desire to contribute 
by your works to the realization of the true principles of 
Christianity, you philanthropic Societies, aid us with all 
your strength and all your means, in our great and difficult 
evangelical and humanitarian enterprise ! 

We have everything to create in the wilderness, our 
houses and our workshops, our agriculture and our indus- 
try; our sciences and our arts, our schools and our tem- 
ples ; we shall have need of land and of animals, of machines 
and of steamboats, etc. etc., that is to say, of money and of 
much money. Assist us by your knowledge and your advice, 
by your support, above all by your gifts or your loans. 



286 IOWA JOURNAL OF HISTORY AND POLITICS 

There are many wealthy people who desire to make them- 
selves useful without knowing how to satisfy their desires 
effectually. Let them promote the success of Icaria and the 
grateful Icarians will perpetuate their names as benefactors 
of Humanity. 

The President of the Community. 

Cabet. 



SOME PUBLICATIONS 

Becollections and Sketches of Notable Lawyers and Public Men of 
Early Iowa. By Edward H. Stiles. Des Moines : The Homestead 
Publishing Co. 1916. Pp. 988. Portraits. This large volume is 
one of the most important contributions to the literature of Iowa 
history which has appeared in recent years. The author came to 
Iowa in 1856 and entered upon the practice of law at a period when 
a great many of the men who later became the leading jurists and 
statesmen of Iowa were building the foundations of their reputa- 
tions. He was a member of the lower house of the Tenth General 
Assembly and a member of the Senate at the succeeding session. In 
1867 he became Supreme Court Reporter and served in that capacity 
for eight years. Furthermore, he was the author of a digest of the 
decisions of the Supreme Court from Territorial times down to the 
fifty-sixth volume of the reports. He therefore had abundant op- 
portunity to become personally acquainted with the lawyers and 
public men of his time. 

The book contains biographical sketches of varying length of 
fully six hundred Iowa men, most of whom were leaders in their 
communities and in the State. Even to enumerate the names of the 
men thus included would be impossible in this connection. It is 
sufficient to say that anyone wishing data concerning the prominent 
lowans during the period covered would not consult this book in 
vain. The author has not depended upon his own memory or 
knowledge, but has spent many years in the collection of data with 
a view to securing all the facts and to producing an accurate record. 
At the same time charm and color and particular value are given to 
a large number of the sketches by means of anecdotes, descriptions, 
and characteristic incidents or statements gleaned from the personal 
recollections of the author. 

"Works of this kind are rare in Iowa. Mr. Stiles has rendered a 
service which can scarcely be over-estimated, and it is to be hoped 

287 



288 IOWA JOURNAL OF HISTORY AND POLITICS 

that other men who have lived long in this State will be inspired to 
follow his example. 

loiva Stones: Book One. By Clarence Ray Aurner. Iowa 
City: Published by the author. 1917. Pp. 138. Plates, maps. 
This is a book of true stories of Iowa history, written primarily with 
view to its use as supplementary reading in the grade schools of the 
State. Iowa has been somewhat behind neighboring States in the 
introduction of instruction in local history into the public schools. 
The need has been felt more and more strongly in recent years, and 
this little book should receive a warm w^elcome from the many 
teachers who have long desired something of this kind. 

The book contains twenty-seven stories dealing wdth the first 
roads of Iowa, the roads of the white man, how one road was marked, 
other early roads, crossing the streams, the pioneers, the tumble- 
weed frolic, prairie fires, winter storms, a journey to Iowa, pushing 
the Indians out of Iowa, getting an Iowa farm, the first houses, the 
food in the log cabin, the simple machines of the new home, good 
neighbors, a better house, the first family industries, early flouring 
mills, saw mills, woolen mills, living on game, an Indian uses his 
eyes, the stage and mail coach in Iowa, Wapsie-Pinicon, the first 
schools in Iowa, and seeing, hearing, and reading. The stories are 
told in a simple, interesting style, and numerous illustrations help 
to visualize many of the subjects under discussion. 

Downing' s Civil War Diar^y. By Sergeant Alexander G. 
Downing, Company E, Eleventh Iowa Infantry. Edited by 
Olynthus B. Clark, Ph. D. Des Moines: The Historical Depart- 
ment of Iowa. 1916. Pp. vi, 325. Portraits, plates. In his preface 
the editor states very clearly that the diary as published in this vol- 
ume "is not a verbatim reproduction of the original text." Neither 
is it a copy of a revision of the diary made by the author and com- 
pleted in 1914. It is a combination of the original diary and the 
author's revision, together with such emendations and alterations 
as were deemed desirable by the editor, all of which were approved 
by the author. ' ' This printed edition then, ' ' says Professor Clark, 
"lays no claim to being what it is not, the publication of the orig- 
inal text without change. It is an edited edition which retains to 



SOME PUBLICATIONS 



289 



the fullest possible degree tlie original in the essentials of fact and 
spirit.'' It must be conceded that the carrying out of this policy 
has resulted in a volume which is not only more readable but of 
greater value than would have been produced by a mere literal 
transcription of the original diary. 

Some idea of the contents of the diary and of the battles and 
campaigns witnessed by the author can be gained from a list of the 
headings given to the various chapters into which the work is di- 
vided, namely: enlisting in the United States service; in Camp 
McClellan; the mobilization at Benton Barracks; in winter quarters 
and garrison duty; mobilization at Pittsburg Landing and the 
battle of Shiloh; the battles in and around Corinth; on guard at 
Bolivar, Tennessee ; the battles of luka and Corinth ; the campaign 
around Holly Springs and retreat to Lafayette ; the Vicksburg cam- 
paign; the campaign against Jackson, Mississippi; on guard at 
Vicksburg and the fruitless expedition to Monroe, Louisiana; a 
siege of fever and ague; reenlisting as veterans; the expedition to 
Meridian; home on veteran's furlough; mobilization at Cairo; the 
battles around Atlanta; in the hospital at Rome, Georgia; rejoining 
the eleventh Iowa at Atlanta; marching through Georgia; raid 
through South Carolina; march through North Carolina; the last 
campaign; peaceful march through Virginia and the grand review 
at Washington; the mustering out and return to the harvest field. 

This volume is a welcome addition to Civil War literature. 
Diaries of this kind, giving a first-hand, personal view from the 
standpoint of the soldier in the ranks, are all too rare. Those con- 
cerned in the preparation and publication of this diary have ren- 
dered a service to all students of the military history of Iowa. 

The Mississippi Valley in British Politics. By Clarence Wal- 
worth Alvord. Two volumes. Cleveland: The Arthur H. Clark 
Company. 1917. Pp. 358, 396. Maps. This scholarly work by 
Professor Alvord is not only the result of painstaking, research cov- 
ering a long period of time, but it blazes a new path into a virtually 
unknown field of knowledge concerning the early history of the 
West. Right at the outset the author hurls his defiance at the 
orthodox view of the Revolutionary period. Within these pages", 



290 IOWA JOURNAL OF HISTORY AND POLITICS 



he says, *Hhe stereotyped narrative of events preceding the Amer- 
ican Revolution is not to he found. To seek the material for a his- 
tory of the period wholly outside that consecrated circle which en- 
closes such important and portentous events as the Boston massacre 
and the famous tea-party must appear to the general reader to he in 
itself revolutionary. . . . Yet while I am writing the preface, 
. . . . let me forget for a moment my critic and boldly assert 
that whenever the British ministers soberly and seriously discussed 
the American problem, the vital phase to them was not the disturb- 
ances of the 'madding crowd' of Boston and New York but the 
development of that vast transmontane region that was acquired 
in 1763 by the Treaty of Paris." 

This attitude the author proceeds to justify in the pages of the 
two volumes which, as the title indicates, deal not with events in the 
West itself but with movements and discussions in England which 
centered in the vital problem of the policy to be followed with re- 
gard to the Mississippi Valley. In the first volume Professor Al- 
vord treats of government by factions, the treaty of peace in 1763, 
the beginning of western speculation, the earlier western colonial 
policy of Great Britain, the choice of the man, the formation of the 
policy, the proclamation of October 7, 1763, the organization of the 
Indian Department, the plans of the old Whigs, the Chatham min- 
istry, Indian management and western trade, and Lord Shelburne's 
western policy. Continuing the narrative, volume two deals with 
the Bedford alliance and its results, the new policy in the far West, 
the Indian boundary line, plans for the upper Ohio Valley, politics 
and the colony of Vandalia, ministerial delays and official ineffi- 
ciency, the breakdown of the ministerial policy, and the final west- 
ern policy. A special bibliography, a general bibliography, and an 
excellent index complete the work. 



The Thirty-first Annual Report of the Bureau of American Eth- 
nology is chiefly devoted to an extensive study of Tsimshian Mythol- 
ogy, by Fram: Boas. 



SOME PUBLICATIONS 



291 



In The Yale Review for January, among others there are the fol- 
lowing articles: A Progressive's View of the Election, by Walter 
Lippmann; Women in the Campaign, by Frances A. Kellor; The 
Bailroads and the People, by James 0. Fagan; and The Adamson 
Law, \)j Ed^Wn J. Clapp. 

The Thirteenth Annual Report of the Library Board of the Vir- 
ginia State Library contains a List of the Colonial Soldiers of Vir- 
ginia, compiled by H. J. Eckenrode. 

The December number of The American Labor Legislation Re- 
view is devoted to health insurance, irregularity of employment, 
and protective legislation in the interest of women in industry. 
Health insurance is also the general topic discussed in numerous 
papers in the March number, where there are also several articles 
dealing wdth w^orking hours in continuous industries. 

The New York Public Library has issued a pamphlet by Edmund 
Lester Pearson, dealing with various phases of Book-Reviews, which 
is well worth reading. 

A Reserve Army, by John F. Morrison; Front and Rear of the 
Battle-line at Waterloo, by J. Von Pflugk-Harttung ; and Our Prep- 
arations for the War with Mexico, 1846-1848, by Justin H. Smith, 
are articles in the January number of The Military Historian and 
Economist. 

The January number of the Smith College Studies in History is 
devoted to Correspondence of George Bancroft and Jared Sparks, 
edited by John Spencer Bassett. 

The Transactions of the Royal Society of Canada for September, 
1916, contains, among others, the following articles: La Prevote de 
Quebec, by Pierre-Georges Roy ; Les Metamorphoses dans les Contes 
Populaires Canadiens, by C. Marius Barbeau ; The Contest for the 
Command of Lake Ontario in 1812 and 1813, by E. A. Cruikshank; 
and Thucydides and History, by Maurice Hutton. 

A recent number of the Johns Hopkins University Studies in His- 
torical and Political Science consists of a monograph by James 



292 IOWA JOUKNAL OF HISTORY AND POLITICS 

IMillor Leake ou The Virginia Committee System and the American 
B evolution. 

Slavery and the Slave Trade in Africa, by Jerome Dowd; The 
Negro in the Field of Invention, by Henry E, Baker; Anthony 
Benezet, by C. G. Woodson ; part two of a study of People of Color 
in Louisiana, by Alice Dunbar-Nelson; and Notes on Connecticut 
as a Slave State are articles in tlie January number of The Journal 
of Negro History. 

Among the contributions in the February number of The Quar- 
terly Journal of Economics is an article by Ellsworth Huntington 
on Climatic Change and Agricultural Exhaustion as Elements in 
the Fall of Home. 

A Chapter fy^om the Doniphan Expedition of 1847, taken from a 
book written in 1847 by John T. Hughes, a member of the expedi- 
tion, is to be found in the January number of the Journal of the 
United States Cavalry Association. Other articles are: The Cav- 
alry Fight at Ojos Azules, by S. M. Williams; Cavalry Work of the 
Punitive Expedition, by George S. Patton; The Cavalry Fight at 
Carrizal, by Lewis S. Morey ; and Reveries of an Old Field Officer. 

Problems of Race Assimilation in America, with Special Refer- 
ence to the American Indians, by Arthur C. Parker; A Year's Ex- 
perience in Community Service Work Among the TJte Tribe of 
Indians, by Gertrude Bonnin ; Indiana and Prohibition, by Dorcas 
J. Spencer; The Indian Service — An Opportunity, by Flora War- 
ren Seymour; Indian Citizenship, by Theodore Roosevelt; and The 
American Army's Debt to the Indian, by W. 0. M'Geehan, are 
articles in the October-December number of The American Indian 
Magazine. 

Among the contributions to be found in the J anuary-March num- 
ber of The Journal of American History are the following : The Old \ 
Bays of the Washington Navy Yard, by Edmund Walters BonafPon ; 
A Young Lady's Sprightly Account of Washington's Visit to Lex- ^ 
ington in 1789, contributed by Wright Tarbell; Florida under the 
English Flag, 1763-1783, by Helen B. Tingley ; Was Adrian Scrope, , 



SOME PUBLICATIONS 



293 



the Regicide, Ancestor of the American Throop Family?, by Mabel 
T. R. Washburn; and The Declaration of Independence, its Prin- 
ciple and its Power, by L. Bradford Prince. 

The Proceedings of the Academy of Political Science in the City 
of New York for January contains numerous papers relating to the 
general subject of Labor Disputes and Public Service Corporations. 
The papers are grouped under four sub-topics : governmental medi- 
ation and arbitration, trade unions and compulsory arbitration, 
trade unions and mediation and conciliation, and recent aspects of 
labor disputes. 

American Diplomacy in the European War, by Munroe Smith; 
two discussions of the constitutionality of the Federal Child-Labor 
Law, by Henry Hull and Thomas I. Parkinson; The Trainmen's 
Eight-hour Day, by Edwin Clyde Robbins ; The Constitutional As- 
pects of the "Parson's Cause'', by Arthur P. Scott; New Light on 
the Monroe Doctrine, by William R. Shepherd ; and McKinley and 
Foraker, by Benjamin B. Kendrick, are articles in the December 
number of the Political Science Quarterly. 

The interesting address on The Scientific Spirit in Politics deliv- 
ered by Jesse Macy as president of the American Political Science 
Association at Cincinnati in December occupies the opening pages 
in The American Political Science Review for February. Pan- 
T uranism is the subject of a paper by T. Lathrop Stoddard. Very 
timely is a discussion of The Control of Foreign Relations, by Denys 
P. Myers. A historical and descriptive account of The Department 
of the Navy is presented by Robert W. Neeser. Some Obstacles to 
Municipal Progress are pointed out by Henry T. Hunt. The ''Leg- 
islative Notes and Reviews", conducted by John A. Lapp, contain 
notes on the powers of the Lieutenant-Grovernor, direct legislation in 
1916, constitutional conventions, State budget systems, economy and 
efficiency, and absent voting. 

Practically all of the articles in The South Atlantic Quarterly 
for January have a general historical character and interest. 
Among others, there are the following articles : Recollections of my 
Plantation Teachers, by Philip Alexander Bruce; Education and 



294: IOWA JOURNAL OF HISTORY AND POLITICS 

Cnme among Negroes, by Gilbert T. Stephenson; Liberalism, by 
James Hardy Dillard; Arthur Dohhs of Castle Dohhs and Caro- 
lina, by A. J. Morrison ; Federal and State Regulation of Child La- 
bor, by Harry Tucker; Stonewall Jackson: The Christian Warrior, 
by Daniel B. Lucas; and The Relief of Soldier's Families in North 
Carolina During the Civil War, by Clyde Olin Fisher. 

The Present Labor Situation is the main topic of discussion in 
the January number of The Annals of the American Academy of 
Political and Social Science. The numerous papers are grouped 
into seven parts. Part one deals with certain aspects of the labor 
situation; part two with wages, working conditions, and hours of 
labor ; part three with public employment bureaus ; part four with 
some aspects of collective bargaining; part five with compulsory 
arbitration or investigation before strikes or lockouts ; part six with 
voluntary arbitration and conciliation in private businesses; and 
part seven with the fixing of hours and wages in the railroads and 
other public utilities. The March number of the Annals is devoted 
to some Modern Insurance Problems, the main sub-topics being life 
insurance; fire insurance; and accident and health, and workmen's 
compensation insurance. 

War and Peace in the Light of History, by Carl C. Eckhardt; 
Pictorial Documents as Illustrating American History, by Frank 
Weitenkampf; Some Aspects of Supervised Study in History, by 
Robert D. Armstrong; and Construction for History in the Grades, 
by Mary A. Whitney, are articles in the February number of The 
History Teacher's Magazine. In the March number there appear 
the following papers: Laboratory Methods of Teaching Contem- 
porary History at Columbia University, by Parker T. Moon; 
Changing Emphasis in European History in the High Schools of 
California, by Ceroid Robinson; Newark's 250th Anniversary Cele- 
bration: Its Historic Features, by Daniel C. Knowlton; and The 
Relation of the History Curricidum to Vocational Training in the 
High Schools, by Wilson P. Shortridge. 



SOME PUBLICATIONS 



295 



WESTERN AMERICANA 

Indianapolis: An Outline History and Description of the Hoosier 
Capital is the title of an illustrated booklet of about sixty pages, 
published at Indianapolis by Max R. Hyman, as a souvenir of the 
Indiana Centennial Celebration in that city in October, 1916. 

The A. Flanagan Company of Chicago are the publishers of a 
volume by Irwin F. Mathes, entitled The Making of Illinois: a 
History of the State from the Earliest Records to the Present Time. 

Two studies in the University of California Publications in Amer- 
ican Archaeology and Ethnology which appeared in February are : 
Bandelier's Contribution to the Study of Ancient Mexican Social 
Organization, by T. T. Waterman; and Tuhatulahal and Kawaissu 
Kinship Terms, by Edward Winslow Gifford. 

Number thirty-three of the Indiana University Studies consists 
of a monograph by Frederic H. Guild on State Supervision and Ad- 
ministration of Charities. 

A sketch of the career of Charles F. Scott appears in The Gradu- 
ate Magazine of the University of Kansas for February. In the 
March number, under the heading Our Most Picturesque Fighter, 
there is an appreciation of the character and services of the late 
Major General Frederick Funston. 

Mitigating Rural Isolation, hy John Morris Gillette; Some Rea- 
sons Why North Dakota Should Adopt the Uniform Sales Act, by 
Lauriz Void; The Next Step Toward Efficiency in Public Health, 
by John W. Cox ; and Regulation of Public Utilities, by Heiskell B. 
Whaling, are articles in the January number of The Quarterly 
Journal of the University of North Dakota. 

Volume five of the University of California Publications in His- 
tory consists of a monograph of four hundred and fifty pages by 
Herbert Ingram Priestley on Jose de Galvez, Visitor-General of 
New Spain (1765-1771). The ten chapters deal with the life of 
Galvez, the historical background, the administration of New 
Spain, the origin and character of the general visitation, Galvez and 



296 IOWA JOURNAL OF HISTORY AND POLITICS 



Cruillas — the tobacco monopoly, customs reforms at Vera Cruz, the 
expedition of 1767, Galvez in California, Galvez in Sonora, the end 
of the visitation, and real hacienda and the reforms of Galvez. 

Collection of Nebraska Pioneer Reminiscences is the title of a 
handsome and interesting volume issued by the Nebraska Society of 
the Daughters of the American Revolution. It is a book of over 
three hundred and fifty pages containing nearly one hundred brief 
sketches dealing with the early history of various counties and 
towns, incidents of frontier life, episodes concerning Indians, and 
other recollections of the early days in Nebraska, written by men 
and women who were pioneers or early settlers of Nebraska. 

Volume five, number four of the University of Illinois Studies in 
the Social Sciences consists of a monograph on Mine Taxation in the 
United States, by Lewis E. Young. After an introduction the sub- 
ject is treated under such chapter headings as Federal taxation of 
mines, mineral lands, and mining corporations; history of mine 
taxation in the States; constitutional and statutory enactments; 
methods of taxing mines and mineral lands in the States; systems 
of mine taxation compared; problems of administration; the tax 
burden ; and suggested methods of taxation and reforms. 

The Caxton Club of Chicago has brought out a handsome volume 
of nearly three hundred pages on The Development of Chicago 
1674-1914 Shown in a Series of Contemporary Original Narratives, 
compiled and edited by Milo Milton Quaife. Following an intro- 
duction, the book is divided into four parts dealing with events on 
the site of Chicago during the seventeenth century, Chicago as a 
military outpost, the birth of modern Chicago, and the develop- 
ment of the city as a metropolis. The story is told by means of 
selections from letters and journals of such explorers, officers, and 
travelers as Father Marquette, Joutel, William Johnston, Lewis 
Cass, Stephen H. Long, Harriet Martineau, Joseph Jefferson, Fred- 
rika Bremer, and Arnold Bennett. 



\ 



SOME PUBLICATIONS 



297 



lOWANA 

Installments of A Study of School Surveys, by Raymond E. 
Mendenliall, which is historical in character, appear in Midland 
Schools in January, February, and March. 

An Expenence with Outlaws, by Eleanore Montgomery; and 
Back in Old Piano, by F. G. Pitt, are two articles in the January 
number of Autumn Leaves. A discussion of Abraham Lincoln and 
his Work, by Henry A. Stebbins, is begun in the March number. 

A Brief History of Track Athletics at Grinnell, by C. E. Fisher, 
is to be found in the January number of The Grinnell Review. 

The Iowa Alumnus for January opens with an article by C. S. 
Chase entitled A Distinguished Alumnus — Senator Eli C. Perkins. 
An account of the celebration of Foundation Day at the State Uni- 
versity on February 26th is contained in the March number. 

Among the articles in American Municipalities for January iis 
one on Public Utilities and City Finances, by John F. Ford. 
Municipalities and the State is the subject discussed by Ora Wil- 
liams in the February number. In March, among other things, 
George C. Warren presents a brief History of Guarantees of Pave- 
ment. 

Among other articles, there is a Historical Sketch of the Engi- 
neering Library, by Caroline E. Laird, in the February number of 
The Iowa Engineer. 

Good Roads and Community Life in Iowa is the title of a study 
by John E. Brindley and John S. Dodds, which constitutes a bul- 
letin of the Engineering Experiment Station at Ames published in 
January. 

The Mormons, by Alexander Majors; some Letters of Bishop 
George Miller; and an excellent though unsigned article on Pioneer 
Trails Across Iowa are contributions in the January number of the 
Journal of History published at Lamoni, Iowa, by the Reorganized 
Church of Jesus Christ of Latter Day Saints. There is also a con- 
tinuation of the biographies of the Presidents of the Seventy. 

VOL. XV — 20 



298 IOWA JOURNAL OF HISTORY AND POLITICS 



The ]\Tarcli number of the Iowa Law Bulletin contains an article 
of sixty pages on The Uniform Sales Act and its Effect upon the 
loiva Decisions and Statutes, by H. C. Horack. 

In the March number of The Iowa Churchman there appear ap- 
preciations of the late Jenness J. Richardson, who for nearly sixty 
years was connected with the Davenport Democrat and for many 
years its editor. 

Under the title of Barled Wire and Other Poems, Edwin Ford 
Piper contributes to The 3Iidland: A Magazine of the Middle West 
for January, February, and March a series of poems based upon 
incidents in the lives of the early settlers on the prairies of this 
western country. In the February number appear some Indian 
legends related by Nelson A. Crawford under the heading of The 
Golden Daivn Time. 

Potowonoh: An Historical Sketch of Fort Madison, in Verse, by 
Earle Sloan Smith, is an interesting bit of lowana which appeared 
in November, 1916, from the press of The Evening Democrat at 
Fort Madison. 

The Iowa Magazine is a new periodical published at Davenport 
by the Greater Iowa Association. Its purpose is to give publicity to 
the advantages and resources of this State, and to promote the pros- 
perity of its people. In the January number the work of the Great- 
er Iowa Association is described ; the legislative program confront- 
ing the Thirty-seventh General Assembly is outlined by Ora 
"Williams; and there is a brief sketch of the career of Theodore N, 
Vail, who lived for a time during, his boyhood in Blackhawk County. 
In the February-March number Albert E. Jackson presents an ac- 
count of the Indians in Tama County ; Pending Lahor Legislation: 
Chase Bill 3, is discussed by Nathaniel French; State Regulation of 
all Fire Insurance is the subject of an article by Emory H. English; 
and there is a biographical sketch of George M. Reynolds, the well- 
known Chicago banker, who was born and raised in Guthrie County. 

Teaching Patriotism, by A. R. McCook ; The Hps and Downs of a 
School-master, by E. V. Laughlin; and A Sketch of an Old Log 



SOME PUBLICATIONS 



299 



ScJiool House Boy, by Tacitus Hussey, are among the articles in the 
January number of The Educational Digest published at Anamosa. 
The article by ]\Ir. Laughlin is continued in the February number, 
where may also be found the following contributions: Lincoln, our 
First American, by C. A. Beems ; Dramatizing the Civics Course, by 
Harry A. Gillis ; and Lenox College, the Old and the New, by Arthur 
H. McKechnie. Articles which appear in March are : The Old Flag 
— A Reminiscence, by Tacitus Hussey ; Old Denmark Academy, by 
John Barnes; War and Romance in Early Iowa, a poem on Fort 
Madison, by Earle Sloan Smith; and a historical account of the 
Iowa State Teachers' Association, by Homer H. Seerley. 

SOME RECENT PUBLICATIONS BY IOWA AUTHORS 

Aurner, Clarence Ray, 

lotva Stories: Booh One. Iowa City: Published by the author. 
1917. 

Branch, Homer Potter, 

Iowa Legends and Lyrics. Sumner, Iowa: Published by the 
author. 1916. 
Brindley, John E., and John S. Dodds, 

Good Roads and Community Life in Iowa. Ames : Iowa State 
College of Agriculture and Mechanic Arts. 1917. 
Brown, Charles Reynolds, 

The Master's Way: A Study in the Synoptic Gospels. Boston: 
Pilgrim Press. 1917. 
Carver, Thomas Nixon, 

Standardization in Marketing (Quarterly Journal of Econom- 
ics, February, 1917). 
Catt, Carrie Chapman, 

Woman Suffrage hy Federal Constitutional Amendment. 
New York: Woman Suffrage Publishing Co. 1917. 
Clark, Olynthus B., 

Downing 's Civil War Diary. Des Moines : The Historical De- 
partment of Iowa. 1916. 
Cosson, George, 

Why an Injunction and Abatement Law (American City, Jan- 
uary, 1917). 



1 



300 IOWA JOURNAL OF HISTORY AND POLITICS 



Devine, Edward Thomas, 

Social Insurance a Live Issue (Survey, December 16, 1916). 
Franklin, William Suddards, 

Education after the War (Science, December 15, 1916). 
Garland, Hamlin, 

Meetings with Howells (Bookman, March, 1917). 
Given, Welker, 

A Pagan's Christmas Hymn. Clinton, Iowa: L. P. Allen. 
1916. 

Hall, James Norman, 

A Finger and a Huge, Thick Thumb : A Ballad of the Trenches 
(Century, January, 1917) ; Out of Flanders (Literary Di- 
gest, February 10, 1917). 
Horack, H. Claude, 

The Uniform Sales Act and its Effect upon the Iowa Decisions 
and Statutes (Iowa Law Bulletin, March, 1917). 
Hough, Emerson, 

The Man Next Door. New York : D. Appleton & Co. 1917. 
Hughes, Rupert, 

In a Little Town. New York : Harper & Brothers. 1917. 
Hutchinson, Woods, 

Mind Your Eyes (Good Housekeeping, February, 1917); 
Mountains and Molehills (Good Housekeeping, March, 1917). 
King, Irving, 

Relationship of Abilities in Certain Mental Tests to Ability as 
Estimated by Teachers (School and Society, February 17, 
1917). 
Lewis, Ervin E., 

Standards for Measuring Junior High Schools. Iowa City: 
State University of Iowa. 1916. 
McClenahan, Bessie A., 

The Social Survey. Iowa City: State University of Iowa. 
1916. 

Newton, Joseph Fort, 

An Ambassador. New York and Chicago : Fleming H. Revell. 
1916. 



SOME PUBLICATIONS 



301 



Nichols, Charles Sabin, 

Sewage Disposal for Village and Rural Hofties. Ames: Iowa 
State College of Agriculture and Mechanic Arts. 1916. 
Eobbins, Edwin Clyde, 

Practical Application of the Social Sciences (School and Soci- 
ety, December 2, 1916) ; South American Lumher Markets 
(American Economic Review, December, 1916) ; The Train- 
men's Eight-hour Day (Political Science Quarterly, Decem- 
ber, 1916). 
Ross, Edward Alsworth, 

Class and Caste (American Journal of Sociology, January, 
1917). 
Schulte, Peter P., 

Protest Against the Cruel War. Cedar Rapids: Published by 
the author. 1916. 
Shambaugh, Benj. F. (Editor), 

Statute Law-making in Iowa (Applied History, Vol. III). 

Iowa City: The State Historical Society of Iowa. 1916. 
Iowa Manual of Legislative Procedure. Des Moines : The State 
of Iowa. 1917. 
Smith, Earle Sloan, 

Potowonok: An Historical Sketch of Fort Madison, in Verse. 
Fort Madison : The Evening Democrat. 1916. 
Smith, Lewis Worthington, 

In Sunday's Tent. Boston: Four Seas. 1916. 
Starch, Daniel, 

Estimated Value of School Studies (School and Society, Janu- 
ary 13, 1917). 
Wagner, Herbert Walter, 

A Study of Oil Engines in Iowa Plants. Ames: Iowa State 
College of Agriculture and Mechanic Arts. 1916. 
Watkins, Emma, 

Games to Teach Correct English to Little Ones. Iowa City: 
Published by the author. 1917. 
Willsie, Honore, 

Lydia of the Pines. New York : Frederick A. Stokes Co. 1917. 



302 IOWA JOURNAL OF HISTORY AND POLITICS 



SOME RECENT HISTORICAL ITEMS IN IOWA NEWSPAPERS 

The Des Moines Register and Leader 

Veteran Tells of Mustering out at Close of Civil War, January 3, 
1917. 

Legislative Equipment, January 7, 1917. 

Sketch of the life of George W. Seevers, January 7, 1917. 

Work of Iowa State Railroad Commission, by Clifford Thome, 

January 15, 1917. 
Polk County Pioneers — Picture of 455 of the Foundation Builders 

of Iowa, January 21, 1917. 
Iowa: Realm of Beauty and Wealth, by C. C. Pugh, January 21, 

1917. 

The Old Capitol, January 23, 1917. 
The Story of Iowa, January 25, 1917. 

First Woman Superintendent of Schools, January 28, 1917. 
Liquor Laws of Iowa, February 6, 1917. 
Career of the late E. T. Cressey, February 11, 1917. 
Sketch of the life of Horace E. Teachout, February 23, 1917. 
A Chapter of Iowa Politics — J. J. Richardson 's Part, February 25, 
1917. 

J. J. Richardson, Oldest Vestryman in Iowa, February 25, 1917. 
Last Tribute to Captain Greeley, by Dean E. W. Stanton, February 
27, 1917. 

Sketch of the life of Horace E. Deemer, February 27, 1917. 
A Tribute to Horace Emerson Deemer, by Johnson Brigham, Febru- 
ary 28, 1917. 

Sketch of the life of Patrick Quigley, Veteran Dubuque Publisher, 

March 2, 1917. 
The Boyhood of Buffalo Bill, March 4, 1917. 
Iowa Constitution is Sixty Years Old, March 5, 1917. 
Early Landmarks, March 7, 1917. 

Miscellaneous 

Last of Pioneer Memorials Gives Way, in the Vinton Eagle, Janu- 
ary 2, 1917. 

Personal Reminiscences of Lincoln, by L. E. Smith, in the Cresco 
Times, January 2, 1917. 



SOME PUBLICATIONS 



303 



Californians Celebrate Iowa's Admission, in the Des Moines Plain 
Talk, January 4, 1917. 

Webster County Pioneer Tells of Old Time Winters, in the Litho- 
graph City Enterprise, January 4, 1917. 

Sketch of the life of Charles Clinton Nourse, in the Des Moines 
Plain Talk, January 4, 1917. 

Early History of Avoca, in the Avoca Journal-Herald, January 5, 
11, 1917. 

The Frontier Sketches, running in the Burlington Post. 
Steamboats and Steamboatmen of the Upper Mississippi, by George 

B. Merrick, running in the Burlington Post. 
Lack of ]\Iarkets in Early Iowa, in the Burlington Post, January 6, 

1917. 

How Country Bumpkins Spelled Down College Students, in the 

Grinnell Herald, January 8, 1917. 
Some Iowa History, in the Burlington Hawk-Eye, January 9, 1917. 
Names of Iowa Counties, in the Des Moines Plain Talk, January 11, 

1917. 

Pioneer History of Floyd County, running in the Lithograph City 
Enterprise. 

An Old Graveyard in Jefferson County, by Hiram Heaton, in the 
Burlington Post, January 13, 20, February 3, 1917. 

Historical Sketch of Clarke County, by Jasper Blines, in the Bur- 
lington Post, January 13, 1917. 

Recollections of Attorneys of Early Davenport, by E. H. Stiles, in 
the Davenport Democrat, January 14, February 11, 18, March 
4, 11, 1917. 

When the German Immigrants of 1850 Came, in the Cedar Rapids 

Republican, January 14, 1917. 
Think of the Pioneers, in the Des Moines Capital, January 15, 1917. 
John Frazee, Early Pioneer of Chickasaw County, in the New 

Hampton Tribune, January 17, 1917. 
Old Spelling Match, in the Knoxville Express, January 17, 1917. 
Oldest Member of General Assembly, in the Knoxville Express, 

January 17, 1917. 
Grave of Truman L. Davis, First Settler in Greene County, in the 

Jefferson Bee, January 17, 1917. 



304 IOWA JOURNAL OF HISTORY AND POLITICS 



Page County History, in the Clarinda Journal, January 18, 1917. 
Captain Fred A. Bill Quits River After Service of Forty-nine 

Years, in the Lansing Mirror, January 19, 1917, 
Pioneer Writes of Early History of Dayton, in the Dayton Review, 

January 18, 1917. 
Big Game of Pioneer Days, in the Knoxville Journal, January 18, 

1917. 

Pioneer Days in Johnson County, in the Oxford Leader, January 
18, 1917. 

Death of Cody Recalls ''Wild Bill" Hickock of Clinton, in the 
Clinton Herald, January 20, 1917. 

Some Features in the History of the Burlington Road, in the Bur- 
lington Hawk-Eye, January 21, 1917. 

Charles Elliott Perkins: The Beginning of his Railroad Career, in 
the Burlington Hawk-Eye, January 21, 1917. 

Bones of Black Hawk, in the Burlington Hawk-Eye, January 21, 
1917. 

Burlington and the Fugitive Slave Law, in the Burlington Hawk- 
Eye, January 21, 1917. 

Davenporter has Letter from Buffalo Bill, in the Davenport Demo- 
crat, January 21, 1917. 

A School Reminiscence, in the Charter Oak Times, January 24, 
1917. 

Early Residents of Pottawattamie County, in the Oakland Acorn, 

January 25, 1917. 
Sketch of the life of C. J. Huntley of Nashua, in the New Hampton 

Courier, January 25, 1917. 
Montgomery County History, in the Farragut Leader, January 25, 

1917. 

Recollections of a Country Editor, by E. H. Thomas, in the Bur- 

Ungton Post, January 27, 1917. 
The Days of '49 in Knoxville, in the Knoxville Express, January 

31, 1917. 

Sketch of the life of John F. Merry, in the Manchester Press, Feb- 
ruary 1, 1917. 

Notable Dubuque County Lawyers of Former Years, by E. H. 
Stiles, in the Dubuque Telegraph-Herald, February 4, 11, 18, 
1917. 



SOME PUBLICATIONS 



305 



Kecollections of Pioneer Days, by W. H. H. Barker, in the Knoxville 
Express, February 7, 1917. 

Historic Iowa Constitutional Conventions, in tbe Fairfield Ledger, 
February 8, 15, 1917. 

Exciting Times of Pioneer Days — Escapades of Notorious Des- 
perado, by Alfred Hammer, in the Pleasantville News, Febru- 
ary 8, 1917. 

Early Times in Oskaloosa, in the Grinnell Register, February 8, 
1917. 

Man Who Worked for Lincoln in 1859 Tells of his Experiences, in 

the Waterloo Courier, February 10, 1917. 
Burning of Bondurant Homestead Revives Memories of Early Days, 

Altoona Herald, February 15, 1917. 
Sketch of the life of William Angus, Pioneer of Mills County, in the 

Malvern Leader, February 15, 1917. 
Pioneer Store in Clarinda, in the Clarinda Journal, February 15, 

1917. 

Reminiscences of Pioneer Woman, in the Waterloo Courier, Febru- 
ary 17, 1917. 

An Appreciation of J. J. Richardson, in the Davenport Times, 

February 20, 1917. 
Sketch of the life of Jenness J. Richardson, in the Davenport Times, 

February 20, 1917. 
Cemeteries of Earlier Days, by Hiram Heaton, in the Fairfield 

Ledger, February 21, 28, March 7, 1917. 
Sketch of the life of Horace E. Teachout, in the Des Moines Capital, 

February 23, 1917. 
Cedar County, its Old Settlers and its Book of Original Entry, by 

B. L. Wick, in the Cedar Rapids Republican, February 25, 

1917. 

Sketch of the life of Horace E. Deemer, in the Des Moines Capital, 

February 26, 1917. 
University has Long History, in the Iowa City Citizen, February 

26, 1917. 

Iowa's Bowlders Came from North, in the Winterset News, Febru- 
ary 28, 1917. 



30G IOWA JOURNAL OF HISTORY AND POLITICS 



Early Landmarks, by C. L. Lucas, in the Boone Democrat, March. 1, 
1917. 

Sketch of the life of Henry C. Plumb, in the Des Moines Capital, 
IMarch 2, 1917. 

Some Early History of ''The Silvery Coon", in the Stuart Herald, 
March 2, 1917. 

Passing of Lansing's Foremost Citizen — James Patrick Conway, 

in the Lansing Mirror, March 2, 1917. 
"When Steamboats Plied the Des Moines River, in the Knoxville 

Express, March 7, 1917. 
Early Days Around Twin Lakes, in the Manson Journal, March 7, 

1917. 

F. M. Hubbell Helped to Organize Sioux County, in the Hawarden 

Independent, March 8, 1917. 
Many Important Matters Before Lawmakers, in the Belle Plaine 

Union, March 8, 1917. 
James Wilson Grimes — A Brave Man, in the Burlington Haivh- 

Eye, March 11, 1917. 
Early Recollections of a Swelsburg Pioneer, in the Mt. Pleasant 

Free Press, March 15, 1917. 
A. S. Bailey, State Clerk in 1858, Returns to Capitol, in the Shenan^ 

doah Sentinel-Post, March 19, 1917. 
How the Marion County Pioneer Received his Mail, by W. H. H. 

Barker, in the Knoxville Express, March 21, 1917. 
Reminiscences of Hon. H. B. Haselton, in the Carroll Herald, 

March 21, 1917. 
Other Winters, in the Estherville Republican, March 21, 1917. 
Life Work of James B. Graham, in the Carroll Herald, March 21, 

1917. 

Some Early History of Tama, in the Tama News, March 22, 1917. 
Sketch of the life of Henry C. Hunt, in the Cedar Falls Record, 
March 22, 1917. 



HISTORICAL SOCIETIES 

PUBLICATIONS 

Bulletin No. 1, recently issued by the State Historical Society of 
North Dakota, contains an illustrated description of the museum 
and library of the Society at Bismarck. 

The Rhode Island Historical Society has published a unique little 
booklet entitled Westminster Street, Providence, as it Was About 
1824, and containing a number of cuts from drawings made by 
Francis Read, which have recently been presented to the Society. 

In the September-December number of the German American 
Annals there appear the following articles : The General Swiss Col- 
onization Society, by Preston A. Barba; Kiefer Freundschaft- 
alhum, by W. W. Florer; and Deutsche Charakterhilder aus der 
Brasilianischen Geschichte, by Friedrich Sommer. 

A short article on Daniel Boone at Limestone, 1786-1787, by 
David I. Bushnell, Jr., appears in the January number of The Vir- 
ginia Magazine of History and Biography. 

Bulletin of Information, Nos. 85 and 86, published by the State 
Historical Society of Wisconsin, contain, respectively, a list of the 
portraits and paintings in the Wisconsin Historical Museum ; and a 
list of the periodicals and newspapers received currently by the 
Society, corrected to January 1, 1917. 

Some Letters of John Butledge, annotated by Joseph W. Barn- 
well; and another installment of the Order Book of John Fauch- 
eraud Grimhe are among the contents of The South Carolina His- 
torical and Genealogical Magazine for October, 1916. 

The January number of The Pennsylvania Magazine of History 
and Biography is largely given over to a study of The Life and 
Services of Samuel Whitaker Pennypacker, by Hampton L. Carson. 

307 



308 IOWA JOURNAL OF HISTORY AND POLITICS 



An appendix contains a bibliography of the writings and addresses 
of Governor Pennypacker. 

In October and January there appeared the first two numbers of 
a publication entitled Manuscripts from the Burton Historical Col- 
lection, collected and published by Clarence M. Burton, and edited 
by ]\I. Agnes Burton. The publications are filled with letters and 
short documents scattered over the period from 1762 to 1805 and 
bearing on the history of Michigan and the Old Northwest. There 
are letters from or to Sir William Johnson, Nathaniel Greene, Guy 
Carlton, William Henry Harrison, Henry Dearborn, Pierre Chou- 
teau, and many others. 

Bulletin No. 8 published by the Michigan Historical Commission 
contains four prize essays written by pupils of Michigan schools in 
the local history contest for 1915-16. These essays deal with the 
early history of Three Rivers, Manistee, Cadillac, and Traverse 
City. 

An interesting volume recently published in the Indiana His- 
torical Collections by the Indiana Historical Commission is one of 
about six hundred pages entitled Indiana as Seen hy Early Trav- 
elers. It contains a collection of reprints from books of travel, let- 
ters, and diaries v^itten prior to 1830, selected and edited by 
Harlow Lindley. Among the travelers from whose writings these 
selections were made are George Imlay, Thomas Ashe, John Brad- 
bury, Morris Birkbeck, William Darby, John Melish, William Pel- 
ham, Timothy Flint, Caleb Atwater, and others. 

Charles George Herhermann, by Peter Condon; the concluding 
installment of The Sidpicians in the United States, by Charles G. 
Herbermann ; Reverend Charles Hyppolite de Luynes, S. J., by the 
same author; and Edivard Maria Wing field, by Edward J. Mc- 
Guire, are articles in volume ten of the Historical Records and 
Studies published by the United States Catholic Historical Society. 

Volumes forty-seven and forty-eight of the Collections of the New 
York Historical Society contain muster and pay rolls of the War 
of the Revolution, 1775-1783. Volume forty-nine "contains the 



HISTORICAL SOCIETIES 



309 



proceedings of a Board of General Officers of the British Army at 
New York, appointed by Sir Henry Clinton, August 7, 1781, to 
consider the expenditure of public money in the different depart- 
ments established by him when he succeeded to the command of the 
British Army at New York. ' ' 

In The Missouri Histoncal Review for October, 1916, appear some 
Letters of Carl Schurz, B. Gratz Brown, James S. Rollins, G. G. 
Vest and other Missourians, from the private papers and corres- 
pondence of Senator James R. Doolittle, of Wisconsin, contributed 
by Duane Mowry. Then follow the program of the convention of 
the Missouri Centennial Committee of One Thousand; a list of the 
members of the committee; an address to the people of Missouri 
concerning the proposed celebration, by Walter B. Stevens ; and an 
article entitled Howard County has two Centennial Celebrations, by 
Walter Ridgway. 

The essay on The Leveller Movement: A Study in the History and 
Political Theory of the English Great Civil War, by Theodore Cal- 
vin Pease, which received the Herbert Baxter Adams Prize in 
European History for 1915, has been published in book form by 
the American Historical Association. It makes a volume of over 
four hundred pages. 

Four bulletins issued by the Indiana Historical Commission in 
November and December contain an outline of the church history 
of Indiana; suggestions for the organization of county and local 
historical societies ; the report of the Commission from its organiza- 
tion in April, 1915, to December 1, 1916 ; and the proceedings of the 
celebration of the one hundredth anniversary of the admission of 
Indiana into the Union held at the State House in Indianapolis on 
December 11, 1916. 

The Twentieth Biennial Report of the Board of Directors of the 
Kansas State Historical Society, for the period from July 1, 1914, 
to June 30, 1916, contains, in addition to the report, the proceed- 
ings of the annual meetings of the Society in 1915 and 1916, and a 
comprehensive History of Kansas Newspapers, compiled by William 
E. Connelley. 



310 IOWA JOURNAL OF HISTORY AND POLITICS 



The Indiana Historical Commission has published and distributed 
a handsome little volume entitled The Indiana Medal Commem- 
orating the Completion of a Century of Statehood 1816-1916. 
First there is the story of the medal, which was made by Janet 
Scudder. Then there are brief chapters dealing with the beginnings 
of the State, milestones of the century, the Indiana centennial, and 
the growth of Indiana. Finally, there is a bronze replica of the 
medal itself, imbedded in a sheet of heavy cardboard. 

Grant County Indian Remains are described by Charles E. Brown 
and Albert 0. Barton in the December number of The Wisconsin 
Archeologist. Other articles are: Cassville Mounds and Sites, by 
Charles E. Brown and Leopold E. Drexel; A Copper Banner Stone, 
by "W. A. Titus; and The Koshkonong Pilgrimage, by Charles E. 
Brown. 

The Historical Collections of the Essex Institute for January 
opens with anoth*er installment of Francis B. C. Bradlee's article 
on The Eastern Railroad: A Historical Account of Early Railroad- 
ing in Eastern New England. Other contributions are a continua- 
tion of Alfred Poore 's description of A Genealogical-Historical Vis- 
itation of Andover, Mass., in the Year 1863; and a short account of 
The Chase of the Frigate Constitution, by Nathaniel Silsbee. 

Tract No. 96, published by the Western Reserve Historical Soci- 
ety is a volume of over two hundred and thirty pages, about one- 
fourth of which is taken up with the annual report of the Society 
for 1915-1916. The remainder of the volume is devoted to a mono- 
graph on The Connecticut Land Company: A Study in the Begin- 
nings of Colonization of the Western Reserve, by Claude L. Shep- 
ard, together with a large number of accompanying documents. 

The Annual Puhlications of the Historical Society of Southern 
California for 1915-1916 is a book of one hundred and thirty pages, 
containing numerous short papers and addresses. Among those of 
the most general interest are: Aspects of the Study of History, by 
Rockwell D. Hunt; Thirty-three Years of History Activities, by 
N. M. Guinn; The Passing of the Rancho, by J. M. Guinn; The 
Great Los Angeles Real Estate Boom of 1887, by Joseph Netz; 



HISTORICAL SOCIETIES 



311 



California's First American School and its Teacher, by Mary M. 
Bowman; and John BidwelVs Arrival in California, by Robert G-. 
Cleland. 

Among the papers in number twenty-five of the Publications of 
the American Jewish Historical Society are the following: David L. 
Yules, Florida's First Senator, by Leon Hiihner; An Unfamiliar 
Aspect of Anglo-Jeivish History, by Frank I. Schechter; and Un- 
equal Religious Bights in Maryland Since 1776, by Benjamin H. 
Hartogenesis. 

Three articles appear in the Tennessee Historical Magazine for 
December, namely: Fort Prudhomme: Was it the First Settlement 
in Tennessee?, by J. P. Young; Tennessee: A Discussion on the 
Sources of its Population and the Lines of Immigration, by Stephen 
B. Weeks ; and John BelVs Revolt, and his Vauxhall Garden Speech, 
by Albert V. Goodpasture. The documents printed in this issue 
include some Letters of General John Coffee to His Wife, 1813- 
1815, with introduction and notes by John H. De Witt; and the 
Roll of Tennessee Cavalrymen in the Natchez Expedition. 

The Origin of the Iroquois as Suggested hy their Archaeology, by 
Arthur C. Parker; The Characteristics of Iroquoian Village Sites of 
Western New York, by Frederick Houghton; Animal Figures on 
Prehistoric Pottery from Mimhres Valley, New Mexico, by J. Walter 
Fewkes ; and Indian Trap Pits along the Missouri, by A. Hrdlicka, 
are articles in the October-December number of the American An- 
thropologist. There are also brief biographical sketches of Matilda 
Coxe Stevenson and James Stevenson, by W. H. Holmes. 

Southern Railroads and Western Trade, 1840-1850, by R. S. Cot- 
terill, is the opening contribution in The Mississippi Valley His- 
torical Review for March. Roy Gittinger is the author of a paper 
on The Separation of Nebraska and Kansas from the Indian Terri- 
tory. A discussion of The Indian Policy of Spain in the Southwest 
1783-1795 is presented by Jane M. Berry. A survey of Recent His- 
torical Activities in the South and Trans-Mississippi Southwest is 
the work of Donald L. McMurry. Brief notes concerning the first 
council of the American city of Baton Rouge, and the state of af- 



312 IOWA JOURNAL OF HISTORY AND POLITICS 



faii*s at Post St. Vincent in the summer of 1786 are contributed by 
Archibald Henderson. 

In March there appeared the first number of a new periodical 
known as The Georgia Historical Quarterly, published by the Geor- 
gia Historieal Society at Savannah. The aims and purposes of the 
magazine are set forth in a brief introduction by Joseph B. Gum- 
ming. Among the articles in this number are: The Georgia His- 
torical Society, by William Harden; Telfair Academy of Arts, by 
Alexander R. Lawton; Basil Cowper's Remarkable Career in 
Georgia, by William Harden; and Wilkes County, its Place in 
Georgia History, by Otis Ashmore. Of interest, also, are some news- 
paper extracts relating to The Beginning of Cotton Cultivation in 
Georgia. 

A lengthy article on Joseph Badger, the First Missionary to the 
Western Reserve, by Byron R. Long, is gjven first place in the Jan- 
uary number of the Ohio Archaeological and Historical Quarterly. 
Next comes a Memoir of Antoine Laforge, translated from the 
French by Laurence J. Kenny. Other contributions are : The Coon- 
skin Library, by Sarah J. Cutler ; Flat Boating on the Ohio River, 
by Isaac F. King; Silver Mines of Ohio Indians, by R. S. King; 
and Birth Places of Three Ohio Presidents, by Felix J. Koch. This 
number also contains the reports and proceedings of the thirty-first 
annual meeting of the Ohio State Archaeological and Historical So- 
ciety, and the proceedings at the unveiling of the Cresap tablet in 
Logan Elm Park in October, 1916. 

The Southwestern Historical Quarterly for January opens with 
the first installment of a study of the Diplomatic Relations Between 
France and the Republic of Texas, 1836-1845, by Herbert Rook 
Edwards. The two chapters here printed deal with the negotiations 
for recognition and for a commercial treaty, and loan negotiations. 
Thomas Maitland Marshall is the writer of a paper on Commercial 
Aspects of the Texan Santa Fe Expedition. Two brief biographical 
sketches of Governor George Thomas Wood are written by S. H. 
German and Louella Styles Vincent. Finally, there is another in- 
stallment of British Correspondence Concerning Texas, edited by 
Ephraim Douglass Adams. 



HISTORICAL SOCIETIES 



313 



An address on Abraham Lincoln, by Edward F. Dunne, appears 
in the opening pages of the Journal of the Illinois State Historical 
Society for April, 1916. A Modern Knight Errant — Edward Dick- 
inson Baker, by James H. Matheny; and A Journey from Urhana, 
Illinois, to Cooke County, Texas, in the Spring of 1846, by William 
R. Strong, are other contributions. Among the articles in the July 
number are the following: Slavery or Involuntary Servitude in Illi- 
nois Prior to and after its Admission as a State, by 0. W. Aldrich; 
Early Preshyterianism in East Central Illinois, by Ira "W. Allen; 
The Two Michael Joneses, by Frances H. Relf ; Mary Spears, con- 
tributed by James B. Beekman; and Old Trails of Hancock County, 
by Herbert S. Salisbury. 

Constitution Making in Indiana: A Source Book of Constitutional 
Documents, with historical introduction and critical notes by 
Charles Kettleborough, is a two-volume work published by the Indi- 
ana Historical Commission. The historical introduction occupies 
about two hundred and forty pages of the first volume. The docu- 
mentary material which fills the remainder of the book is divided 
into four parts devoted, respectively, to the cession of the Northwest 
Territory and the organization and development of Territorial gov- 
ernment, the organization and development of a constitutional gov- 
ernment, the amendment of the Constitution of 1816, and the con- 
stitutional convention of 1850. Part five, occupying the whole of 
the second volume, contains material bearing on the amendment of 
the Constitution of 1851. The two volumes contain in all five hun- 
dred and thirty-nine documents. 

Dorothy Hull is the author of an interesting article on The Move- 
ment in Oregon for the EstaUishment of a Pacific Coast Republic, 
which occupies the opening pages in The Quarterly of the Oregon 
Historical Society for September. "While this movement had the 
support of only a small minority it forms an interesting chapter in 
the history of secessionist proposals in the United States. Another 
article of general interest is one by Leslie M. Scott on Oregon^ s 
Nomination of Lincoln. The remaining pages of the Quarterly are 
taken up with documentary material. First, there is a letter from 
Doctor John McLoughlin to Sir George Simpson, March 20, 1844 y 



VOL. XV — 21 



314 IOWA JOURNAL OF HISTORY AND POLITICS 



with an introductory note by Katharine B. Judson ; and afterwards 
there appear installments of the Diary of Reverend Jason Lee, and 
of the Correspondence of the Reverend Ezra Fisher. 

The American Histo7'ical Review for January opens with the very 
readable presidential address on The Freedom of History delivered 
by George L. Burr at the Cincinnati meeting of the American His- 
torical Association in December. The West India Trade Before the 
American Revolution is the subject discussed by Herbert C. Bell. 
An article on Censorship and Literature under Napoleon I is con- 
tributed by Victor Coffin. The last article is one by Carl Russell 
Fish dealing with Social Relief in the Northwest during the Civil 
War. The "Notes and Suggestions" include brief notes on the fol- 
lowing topics: the Oxford Meeting of 1213, by Albert Beebe White; 
ciphers of the Revolutionary period, by Edmund C. Burnett; and 
the Earl of Carlisle and the Board of Trade, 1779, by Arthur H. 
Basye. Under the heading of "Documents" appear excerpts from 
the Senate debate on the Breckenridge Bill for the government of 
Louisiana in 1804, with introduction and notes by Everett S. Brown. 
This number of the Review also contains a list of doctoral disserta- 
tions in progress at the chief American universities in December, 
1916. 

The January number of The Washington Historical Quarterly is 
intended as a tribute to the pioneers of that State, and the articles 
which it contains were selected and written with that object in view. 
In the opening pages Edmond S. Meany presents a brief discussion 
of The Pioneer Association of the State of Washington. Next comes 
a survey of the Pioneer and Historical Societies of the State of 
Washington, prepared by Victor J. Farrar. Some interesting 
Reminiscences of a Pioneer Woman are contributed by Elizabeth 
Ann Coonc. The experiences of the First Immigrants to Cross the 
Cascades are described by David Longmire, who was a member of 
the party. Grace Raymond Hebard contributes a short article on 
The First White Women in Wyoming; and finally, there is a list of 
The Pioneer Dead of 1916, compiled by Edith G. Prosch. There is 
also a continuation of the Diary of Colonel and Mrs. I. N. Ehey, 
edited by Victor J. Farrar. 



HISTORICAL SOCIETIES 



315: 



Volume one of the Annual Report of the American Historical As- 
sociation for the Year 1914 contains the following papers on subjects 
in American history: Cabinet Meetings under President Polk, by 
Henry Barrett Learned ; Tennessee and National Political Parties, 
1850-1860, by St. George L. Sioussat; The Genesis of the Kansas- 
Nebraska Act, by P. Orman Ray ; Asiatic Trade and the American 
Occupation of the Pacific Coast, by Robert 0. Cleland. Papers 
which appear in the proceedings of the eleventh annual conference 
of historical societies are as follows : The Chicago Historical Society, 
by Otto L. Schmidt; Research in State History at State Universi- 
ties, by James A. Woodburn ; and Restrictions on the Use of His- 
torical Materials, by Lawrence J. Burpee. Two papers presented 
before the sixth conference of archivists are: Legislation for Ar- 
chives, by Charles H. Rammelkamp ; and Principles of Classification 
for Archives, by Ethel B. Virtue ; while Herbert A. Kellar is the 
compiler of A Preliminary Survey of the More Important Archives 
of the Territory and State of Minnesota. 

ACTIVITIES 

At a meeting of the Chicago Historical Society on the evening of 
April 13th, Professor Olynthus B. Clark of Drake University deliv- 
ered an address on The Lincoln Poor White Legend. A special 
exhibit of Lincoln relics was shown at this time. 

The annual meeting of the Historical Society of Marshall County 
was held on March 20th. The following officers were elected : J. L. 
Carney, president; C. F. Schmidt, vice president; Miss Minnie 
Russell, secretary; Mrs. H. J. Howe, treasurer; and Mrs. May F. 
"Weatherly, curator. 

The annual meeting of the Mississippi Valley Historical Associ- 
ation will be held in Chicago on April 26th to 28th. Part of the 
session will be held in the Chicago Historical Society building and 
part in the Newberry Library. 

The Jefferson County Historical Society held its regular quar- 
terly meeting at the public library in Fairfield on March 21st. 
Professor P. C. Hildreth presented an address on the autobiogra- 



316 IOWA JOURNAL OF HISTORY AND POLITICS 



phy of Black Hawk; Mr. W. G. Ross told of some incidents con- 
cerning the massacre of some Iowa Indians by Sacs and Foxes under 
the leadership of Black Hawk; and Dr. T. L. James discussed the 
insurrection in Cuba. The following officers were elected for the 
ensuing year: T. L. James, president; Ralph Lamson, vice presi- 
dent ; Hiram Heaton, secretary ; and C. W. Gage, treasurer. 

The Linn County Historical Society, which was organized several 
years ago, has been inactive in recent years. Interest has lately 
been revived, however, and the annual meeting was held on March 
20th. The opportunities of such an organization in Linn County 
are large, and it is to be hoped that the Society will go forward 
energetically and receive the support it deserves. 

In January a historical society was organized at Lockridge in the 
eastern part of Jefferson County. It is understood that this society 
is not intended to conflict in any way with the county organization 
which has been so long established and has done such commendable 
work. It is a purely local society, with Lockridge and vicinity as 
its particular field. At the organization W. C. Rauscher was chosen 
president; William Bankhead, vice president; Thomas Doogan, 
secretary; and Gus Schillerstrom, treasurer. Monthly meetings 
were held in February and March, at which time interesting and 
valuable papers were read. 

THE STATE HISTORICAL SOCIETY OF IOWA 

Professor Benj. F. Shambaugh, the Superintendent of the Soci- 
ety, was elected first vice president of the American Political Sci- 
ence Association at the annual meeting in December. 

The permanent annual support of The State Historical Society 
of Iowa has been increased four thousand dollars by an act of the 
Thirty-seventh General Assembly. This increase will enable the 
Society to continue its work along the lines hitherto established, 
without curtailment on account of the great rise in the prices of 
supplies and of the materials used in printing and binding. 

Mr. D. G. Edmundson of Des Moines, a member of the Society, 



HISTORICAL SOCIETIES 



317 



died in Los Angeles, California, on December 31, 1916, at tlie age 
of sixty-nine. 

Dr. Daniel Sickler of Ogden, Iowa, a member of the Society, has 
recently made some important additions to his already large collec- 
tion of Indian relics. 

The following persons have recently been elected to membership 
in the Society : Mr. Edward A. Adams, Algona, Iowa ; Mr. Harold 
K. Bowen, Fort Dodge, Iowa; Dr. D. C. Brockman, Ottumwa, Iowa; 
Mr. Robt. N. Carson, Iowa City, Iowa; Mr. Edward A. Lang, 
Waverly, Iowa; Mr. Ellis D. Robb, Waterloo, Iowa; Mr. John E. 
Williams, Waterloo, Iowa; Mr. A. L. Broxam, Maquoketa, Iowa; 
Miss Myrtle A. Dungan, Chariton, Iowa; Mr. Fred Durbin, Mal- 
vern, Iowa; Mr. G. B. Jennings, Shenandoah, Iowa; Mr. H. N. 
Lawrence, Magnolia, Iowa; Mr. E. A. Mcllree, West Union, Iowa; 
Mr. Fred S. Risser, Chariton, Iowa; Mr. W. G. Ross, Fairfield, 
Iowa; Mr. John F. Webber, Ottumwa, Iowa; Mr. W. S. Cooper, 
Winterset, Iowa ; and Mr. M. L. Gordon, Brooklyn, Iowa. 

A Senate concurrent resolution of the Thirty-seventh General 
Assembly of Iowa, bearing the date of February 8th, provided for 
the compilation and publication of an Iowa Manual of Legislative 
Procedure under the direction of the Superintendent of The State 
Historical Society of Iowa. The manual compiled in accordance 
with this resolution is a book of two hundred and twenty-three 
pages, of convenient size for slipping, into the coat pocket. Two 
hundred and fifty copies were bound in flexible leather and one 
thousand copies in paper covers. Over one-half of the book is 
taken up with a discussion of Legislative Procedure and Practice in 
Iowa, by 0. K. Patton, which is an abridgment of his article which 
appeared in the volume on Statute Law-making in Iowa, recently 
published by the Society. Then come the rules of the Senate and 
House and the joint rules, compiled by Thomas Watters, Jr., Secre- 
tary of the Senate, and W. C. Ramsay, Chief Clerk of the House. 
An index of about twenty pages was prepared by Dan E. Clark. 



NOTES AND COMMENT 



The sixteenth biennial session of the Iowa Pioneer Lawmakers' 
Association was held at Des Moines on March 14th and 15th. 

The calendaring of the manuscripts in the possession of the Uni- 
versity of Illinois has been begun under the direction of Dr. Charles 
H. Lincoln. 

The Taylor County Bar Association is making efforts to secure 
portraits of the judges of the district court, past and present, in the 
district in which Taylor County is situated, to be hung in the 
library of the Association. 

At the annual meeting of the Iowa Society of the Daughters of 
the American Revolution, held in Des Moines in March, it was an- 
nounced that the coming summer would witness the completion of 
the marking of the old trail across Iowa from Keokuk to Council 
Bluffs, made by the Mormons on their western pilgrimage. Five 
large boulders, on which there will be bronze tablets, will be placed 
at various points along the route of the old trail. 

James H. McConlogue, who was a very active and influential 
member of the Board of Control of State Institutions, died in Des 
Moines on February 26th. He was born in Philadelphia in 1856. 

Judge A. B. Thornell of the district court of the fifteenth ju- 
dicial district of Iowa, in the southwestern corner of the State, 
recently resigned from the position which he has held for a period 
of thirty years. 

The recent finding of an object alleged to be a petrified human 
foot of large dimensions, in a coal mine at Lehigh, Iowa, calls to 
mind the famous Cardiff Giant fraud which gave Webster County 
some notoriety many years ago. 

The Iowa branch of the United Press Association, which has i 
318 



NOTES AND COMMENT 



319 



headquarters in Des Moines under the direction of Mr. Sam Freed, 
is rendering a valuable service in the cause of spreading a knowl- 
edge of Iowa history. In the news letter which it sends out each 
week to the ne^^^papers supplied by it may be found a series of 
''Little Stories of Iowa". These stories are brief, but they deal in 
an interesting manner with some phase of the early history of this 
State, being concerned chiefly with events and movements which 
have a ''human interest". The work thus being done can not be 
too highly commended. 

HORACE EMERSON DEEMER 

Justice Horace E. Deemer died at his home in Red Oak on Febru- 
ary 26, 1917, after an illness of ten days. He was born at Bourbon, 
Indiana, on September 24, 1858 ; and when about eight years of age 
came to Cedar County, Iowa, with his parents. He entered the col- 
legiate department of the State University of Iowa in 1873, but 
later transferred to the law department, from which he was gradu- 
ated in 1879. After practicing, law for about seven years, chiefly at 
Red Oak, he was elected judge of the Fifteenth Judicial District of 
Iowa in 1886, and continued to occupy that position until 1894. 
In the latter year he was appointed Justice of the Supreme Court, 
in which capacity he served with great distinction until the time of 
his death. He was Chief Justice in 1898, 1904, 1910, and 1915. 

Not only was Justice Deemer a jurist of high attainments and 
broad vision, but his interests extended to many important subjects 
outside of the court room. He was a member of a large number of 
associations covering such fields as history, political science, juris- 
prudence, sociology, and charities and correction. He was a lecturer 
in the College of Law of the State University for several years and 
since 1904 was honorary professor of jurisprudence. As an author 
he made many contributions to legal thought and knowledge. But 
aside from his work on the bench, no doubt his most enduring and 
far-reaching service was that in promotion of the historical interests 
of the State. As a member of the Board of Trustees of the His- 
torical Department of Iowa, he exercised a guiding influence in the 
establishment and development of that institution. Moreover, he 
was long a loyal member and valued adviser of The State Historical 
Society of Iowa. 



320 IOWA JOURNAL OF HISTORY AND POLITICS 



In the death of Justice Deemer the State of Iowa has lost an 
eminent member of its judiciary, a citizen of the highest type, and 
a man held in esteem and affection by a host of friends. 

CHARLES CLINTON NOURSE 

Charles Clinton Nourse died at Sierra Madre, California, on 
December 31, 1916. He was bom in Maryland in 1829, and received 
his education at Transylvania University at Lexington, Kentucky. 
Coming to Iowa in 1851, he entered upon the practice of law at 
Keosauqua, and one year later became prosecuting attorney of the 
county. He was chief clerk of the House of Representatives of the 
Fifth General Assembly and at the succeeding session was secretary 
of the Senate. As a delegate to the Republican State Convention in 
1856 he helped to organize that party in Iowa, and in 1860 he was 
a delegate to the Chicago convention which nominated Lincoln. He 
was Attorney General of Iowa from 1861 to 1865, and at the end 
of that service was judge of the Fifth Judicial District for one 
year. His home was in Des Moines for over fifty years, and he was 
a leading member of the bar of that city and the State. His ability 
as a public speaker and his genius for organization made him for 
many years a prominent leader in the Republican party. 



CONTRIBUTORS 

Jacob A. Swisher, General Assistant in The State His- 
torical Society of Iowa. Bom in Illinois in 1884. Graduate of 
the State University of Iowa. 



Thomas Teakle, Chairman of the History Department, 
North High School, Des Moines, Iowa. (See The Iowa Jour- 
nal OP History and Politics for April, 1916, p. 308.) 



THE 

IOWA Journal 

of 

H i storj^and Pol itics 



JULY 1917 




Published Quarterly lyy- 

Sl/iCm fflSTORICALSOCIEW lOW.' 

lowawCitylov 



EDITOM 
BENJAMIN F. SHAMBAUGH 
Associate Editor, DAN CLARK 







Vol XV JULY 191T 




No. 3 



CONTENTS 



The Enlistment of Iowa Troops During the Civil War 

John E, Briggs 323 

The Military "Indian Frontier 1830-1835 

EuTH A. Gallaher 393 

Council with the Sac and Fox Indians in 1840 429 

Some Publications ....... 437 

Western Americana ....... 443 

lowana . . . . . , . . . 444 

Historical Societies . . . . . . , 451 

Notes and Comment . . . . , . . 463 

Contributors , . 464 



Copyright 1917 Vy The State Historical Society of Iowa 



THE IOWA JOUfiNAL OF HISTORY AND POLITICS 

PublishebQuaeterly 
at iowa city 

Subscription Peice: $2.00 Single Numbee: 50 Cents 

Address all Communications to 
The State Historical Society Iowa City Iowa 



THE IOWA JOURNAL OF HISTOEY AND POLITICS 

JULY NINETEEN HUNDRED SEVENTEEN 
VOLUME FIFTEEN NUMBER THREE 



VOL. XV — 22 



\ 



THE ENLISTMENT OF IOWA TROOPS DURING 
THE CIVIL WAR 



It was Sunday, April 14, 1861, and the people of Charles- 
ton, South Carolina, were rejoicing over the first triumph 
of Confederate arms. On the afternoon of that day Major 
Robert Anderson, saluting his flag with fifty guns, marched 
out of Fort Sumter *^with colors flying and drums beat- 
mg^\ The magazine was surrounded by flames, no pro- 
visions but pork remained, and the garrison quarters 
were smoldering ruins. For thirty-four hours the little 
force of one hundred and twenty-eight officers, privates, 
musicians, and non-combatant laborers, inspired by their 
loyalty to the Union, had resisted the bombardment of more 
than a thousand Confederates. The people of Charleston 
in gala array thronged the wharves and the Battery to wit- 
ness the opening scene of the great struggle which was to 
decide whether a nation conceived in liberty and dedicated' 
to the proposition that all men are created -equaP ' could 
long endure.^ 

The dramatic episode enacted in Charleston Harbor re- 
flected the state of the Union during the winter of 1860- 
1861. With barely enough provisions on December 26, 
1860, to last four months. Major Anderson's command had 
clung to its post in Fort Sumter all winter. The other 
fortifications, together with the United States arsenal, were 
in the hands of the Confederates. Two faint-hearted at- 
tempts were made to relieve the fort, but both were unsuc- 

1 Rhodes 's History of the United States, Vol. Ill, pp. 352, 355; War of the 
Behellion: Official Becords, Ser. I, Vol. I, p. 12. 

323 



324 IOWA JOURNAL OF HISTORY AND POLITICS 



cessful. Meanwhile seven thousand Confederate troops 
had been gathering in Charleston — many of them wealthy- 
men of the purest American stock, who prized their liber- 
ties and were willing to enter upon a great civil war to sus- 
tain their political philosophy. While the Federal govern- 
ment was faltering, unwilling to face the future, more 
embarrassed than encouraged by the firm loyalty of men 
like Major Anderson, the people of the southern States 
were quietly preparing for the inevitable conflict. The 
arming of half-constructed southern forts, the transfer of 
115,000 muskets and rifles to southern arsenals, and the 
sale of 31,610 percussion muskets by the United States War 
Department to private persons during 1860 all suggest well- 
made plans. The war began with the South ready and 
eager for the fray, determined and united: the North was 
surprised, disorganized, bewildered with conflicting opin- 
ions, and was to be aroused only by the clash of arms.^ 

UNPEEPAEEDNESS IN" IOWA 

It would be difficult to imagine any Commonwealth of the 
Union more unprepared for war than was Iowa when those 
tragic shots were fired on Fort Sumter. This State pre- 
sented the ^ ' sorry spectacle of an unorganized militia — a 
whole people to whom military discipline and drill are al- 
most total strangers! All this, owing to the inordinate 
propensity of our legislators to trifle with matters of the 
utmost moment to the public weal.''^ 

Trifling, indeed, had been the attitude of the General As- 
sembly toward military affairs during the half decade be- 
fore the war. The House of Eepresentatives of the Sixth 

2Ehodes's History of the United States, Vol. Ill, pp. 352, 353, 355; War of 
the Eehellion: Official Records, Ser. I, Vol, I, pp. 2, 8, 9-11; House Committee 
Reports, 2nd Session, 36th Congress, Vol. II, No. 85, pp. 1-4. 

3 Council Bluffs Nonpareil, May 11, 1861. 



ENLISTMENTS DURING THE CIVIL WAR 325 



General Assembly (1856-1857) was the scene of unwonted 
levity when Thomas Hardie of Dubuque insisted upon a re- 
port from the committee on military affairs, following an in- 
quiry into the disposition of the State arms and the propri- 
ety of allowing troops intended for the invasion of other 
States and Territories of the United States to rendezvous 
and drill within Iowa. The committee was ordered to re- 
port on Saturday evening to the committee of the whole, the 
chairman to be clothed ^4n accordance with ancient usage, 
in the armor now in the state library". In the same spirit 
of unseemly frivolity, employing the opportunity for nu- 
merous puns and jocular thrusts at fellow members, the 
committee on military affairs made the following report 
which, it was asserted, had been looked for with great in- 
terest by ^^all the world'' and ^*the rest of mankind'':* 

Your committee on Military Affairs have had the most profound 
sense of the important and solemn duties of their position. They 
have delayed their report until this late hour of the session, in order 
to fully mature the momentous considerations they have to present 
to your Honorable body. Your committee did not desire to ' ' go off 
half-cocked, ' ' on the grave questions before them ; and here permit 
the committee to remark that the report that your committee has 
been half-cocked the greater part of the time they have been in 
the discharge of their duties, is a libel too gross to notice. If the 
committee has been on a train occasionally, it has been with a heart- 
felt desire to test the best system of tactics only. 

4 The reference concerning arms and invading troops is probably to the fact 
that two cannons and two hundred Sharp's rifles, sabers, and cartridges, fur- 
nished by the Massachusetts-Kansas State Committee for the use of anti- 
slavery settlers in Kansas, were stored at Tabor, Iowa, in August, 1856. 
j Furthermore, in the autumn of the same year a company of ten men, fully 
i; armed and drilling every day, crossed Iowa over Lane's Trail (the route of the 
'1 underground railroad) to invade Kansas. — Sabin's The Making of Iowa, p. 
, 255; Kansas Historical Collections, Vol. XIII, pp. 270-275; Gue's History of 
j Iowa, Vol. I, p. 375. 

i The phrases ''all the world" and ''the rest of mankind" are probably 
quoted from Zachary Taylor's famous sentence, "We are at peace with the 
' whole world and all the rest of mankind." — Iowa City Eepuhlican, February 
; 3, 1875. 



326 IOWA JOURNAL OF HISTORY AND POLITICS 



The committee have made the most thorough, practical investiga- 
tion in their power, of the relative merits of *'big guns, little guns 
and pop guns." In experimenting with ''big guns," they have 
taken their specimens from the floor of this House, and report as the 
result of actual trial, that they will bear considerable loading, and 
never "hang fire." But the objections are that they are too pro- 
longed in the report, and do little or no execution, rarely "hitting 
the mark." 

In our experiments with ' ' little guns, * ' we have taken our speci- 
mens from the body that meets in the other end of this Capitol. — 
We give as the result, that said "guns" are generally "repeaters," 
and will "go-off" any possible number of times without re-loading. 

They rarely hit any mark, but are found to ' ' scatter ' ' to such an 
extent that the execution is as apt to be upon friends as foes. As to 
"pop guns," your committee found plenty of specimens in both 
Houses. They find that this class of "guns" generally "explode" 
the first fire, and are, in every case, ' ' too big for their breeches. ' ' — 
They recommend that the manufacture of this article be discon- 
tinued. 

In reference to the whereabouts of the State arms, upon which 
point your committee was instructed to inquire, we report that for 
all we know to the contrary, they are in a state of safe preservation, 
somewhere; where the committee hopes they will be permitted to 
remain, except on Christmas, New Years, and the Fourth of July, 
unless required to protect the various educational funds of this 
State. These arms are represented to your committee to be of the 
latest and most improved patents, warranted to kill or cripple in no 
case whatever. But the committee, after as full an investigation 
and trial as they could possibly make, give their emphatic prefer- 
ence to arms of an old patent, said to have been taken out by, or 
out of, General Adam, by which that renowned warrior was himself 
subsequently conquered, and which, from his day to ours, have 
held mankind captive. We mean the arms of woman ! 

We therefore recommend the arms of the girls of Iowa, as the 
most affectionate weapons to protect the peace of the State, and 
promote its happiness, growth and posterity; and we suggest that 
all dissenters from this opinion be condemned to serve in this Legis- 
lature every succeeding session hereafter, at one dollar per day, 
after the first fifty days. 



ENLISTMENTS DURING THE CIVIL WAR 327 



On the subject of the rendezvous and drilling of foreign troops 
on the virgin soil of our young and growing State, your committee 
are of the decided opinion that when in the course of human events 
it becomes necessary for the purpose of advancing the interests of a 
great people, that it is all right and proper, providing, always, that 
the troops to be drilled are of the right stripe, and have for their 
object the subjugation of ''Border Ruffians," and the planting of 
the strong banner of freedom upon the soil of "Poor Bleeding 
Kansas. ' ' 

Your committee can scarcely refrain from expressing their vir- 
tuous indignation that any of God's creatures, bearing the human 
form divine, could be found so lost to all sense of justice as to ob- 
ject to such a course of proceeding; and can only account for it 
from the fact that they are steeped in the mire of patriotic devotion 
to a country, having for its guidance a constitution which recognizes 
the southern part of our confederacy as having equal rights with 
all other sections, that such troops, composed of the valiant sons of 
the New England States, with hearts beating high with glorious ex- 
pectations, did rendezvous and drill upon our soil during the past 
year, cannot and will not be denied. Nor will it be denied that said 
troops marched into Kansas, and then marched back again, satis- 
fied with the season's campaign. ''They came," they saw the ele- 
phant, but did not conquer. 

Your committee, therefore, are of the opinion that under the sur- 
rounding circumstances. 

That foreign troops may ever drill 

Upon our soil for luck : 
"Shriek for Freedom"; shriek at will, 
And show the world their pluck. 

Regarding it as part of their duty to report an efficient system of 
organization for the militia of the state, the committee submit the 
following resolutions : 

Resolved, That the fighting population of the State be enrolled 
as follows: 

All persons under one year of age, as infant-vj. 
All persons engaged in lobbying to this Legislature, as sappei-s 
and miners. 

All persons disposed to ' ' ride a high horse, ' ' as dragoons. 

All persons who have expressed or conceived the idea that this 



328 IOWA JOURNAL OF HISTORY AND POLITICS 



Legislature is not the most industrious, the most economical, the 
most orderly, grave and profound body, ever assembled in this 
House, shall constitute a "forlorn hope," their case being hopeless. 

That his Excellency, the Governor, be commissioned as Protector 
of his people, and universal opener of water courses. 

That the Trustees of the State University, the officers of the Des 
Moines River improvement, and the Superintendent of Public In- 
struction, be commissioned as commissaries and keepers of the mili- 
tary chest. 

7th. That the member from Buncombe, be commissioned as lead- 
er of the Border Ruffian Division of the Army of Observation. 

8th. That the member from Clayton, be commissioned as Gen- 
eral-in-Chief of the German Allies, with instructions not to mistake 
his friends for his foes. 

5. During the evening it shall not be in order for Wooden- 
headed members, or others, to refer to the subject of private cor- 
respondence on the opening up of the Missouri River. 
Resolved, That this committee be now "discharged." 

Thomas M. BowEN, 

Chairman.^ 

At the beginning of the war in 1861 there was not a single 
nnit of the regular army in Iowa : neither were there any 
forts or garrisons. Not even a military post was located in 
this State, while the nearest arsenal was in St. Lonis.^ 
The only arms that Iowa possessed were those that had 
been distributed by act of Congress among the several 
States in proportion to their representation in Congress. 
Most of this equipment issued previous to the war was 
loaned to the independent military companies, the captain 
of each company filing a bond in the office of the Secretary 
of State, while each member of the company bonded himself 
to the captain for the care of the arms individually received. 

5 House Journal, 1856-1857, pp. 183, 184, 429, 454-458. 

6 There had been some agitation in the Senate in 1858 to memorialize the 
War Department to establish military posts at Fort Dodge, Sioux City, and 
Council Bluffs, but nothing came of it. — Senate Journal, 1858, pp. 78, 103. 



ENLISTMENTS DURING THE CIVIL WAR 



Between 1851 and July, 1861, Iowa received from the gen- 
eral government 3890 mnskets, 290 rifles, 5 cannon, 66 
sabers and swords, and 86 revolvers. Of these arms, 1890 
muskets and 215 rifles had been received before May, 1861J 

In reply to an inquiry from the House of Representatives 
in 1858, Governor Ralph P. Lowe stated that he had no 
means of determining the number, description, location, or 
condition of the arms issued to this State. He was under 
the impression, however, that there was a quantity of mili- 
tary stores at Fort Dodge, deposited there in 1856 during 
the Indian troubles in northwestern Iowa. At the same 
time it appears that the State was buying pistols to equip 
troops for the protection of the Spirit Lake region, possibly 
because the arms belonging to Iowa had gone to Kansas 

under Jim Lane's escort", or perchance had been ^^used 
up in opening the Missouri River ''.^ A special committee 
appointed to inquire into the number of arms received from 
the National government and their whereabouts made no 
report.^ 

7 Bouse Committee Reports, 2nd Session, 36tli Congress, Vol. II, No. 85, pp. 
16-18, 22, 26; Laws of Iowa, 1856 (Extra Session), p. 89; Be^^ort of the Ad- 
jutant-General of Iowa, 1861, pp. 9, 10. 

8 When the Missouri Eiver was closed in 1856 to free-State emigration to 
Kansas, James H. Lane opened a new route across Iowa (through Iowa City, 
Sigourney, Oskaloosa, Knoxville, Indianola, Osceola, Quincy, and Tabor) which 
in 1857 became the trail of the underground railroad from Kansas to Canada. 
Fully six hundred free-soil emigrants, under the leadership of Lane and the 
auspices of the Kansas Central Committee of Iowa, entered Kansas in August, 
1856, many of them campaigning with Lane against border ruffians. 

Although most of the arms and ammunition for the Kansas ''war" were 
supplied by the National Kansas Committee, for which Dr. Jesse Bowen of 
Iowa City, afterward Adjutant-General of Iowa, was agent, there is a story to 
the effect that 1500 government muskets were obtained in Iowa City. The key 
had been left on Governor James W. Grimes's desk, where it was found, and 
borrowed to open the arsenal door. — Kansas Historical Collections, Vol. XIII, 
pp. 268-275; Gue's History of Iowa, Vol. I, p. 375. 

9 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, pp. 201, 202; Tri-WeeMy Iowa State Journal (Des Moines), March 5, 1858; 
Bouse Journal, 1858, p. 502. 



330 IOWA JOURNAL OP HISTORY AND POLITICS 



The Constitution of 1857 defined the State militia in pre- 
cisely the same words as were used in the Constitution of 
1846. All able-bodied white male citizens, between the ages 
of eighteen and forty-five, constituted the militia of Iowa, 
which was to be armed, equipped, and trained as the Gen- 
eral Assembly might provide by law. No person conscien- 
tiously opposed to bearing arms could be compelled to do 
military service in time of peace, provided he paid an equiv- 
alent for such exemption in the same manner as other citi- 
zens. All commissioned officers of the militia were to be 
elected by the persons liable to perform military duty and 
were commissioned by the Governor.^^ 

There was some debate in the constitutional convention 
of 1857 on the question of including negroes in the militia. 
Alpheus Scott contended that the negroes should be given 
political powers and privileges, and therefore should serve 
in the front ranks of the militia in defense of their country. 
Eufus L. B. Clarke objected because, as a matter of fact, the 
negroes did not have political rights and consequently 
should not be required to serve in the militia. It would 
not be just to deprive them of all rights and privileges and 
then ask that they defend a country in which they were re- 
garded as aliens. So the colored population of Iowa did 
not become part of the militia of the State until the Consti- 
tution was amended in 1868 in accordance with the Four- 
teenth Amendment of the Federal Constitution.^^ 

An effort was made at the same time to change the age at 
which one became a member of the militia from eighteen to 
twenty-one, on the ground that it was unjust to compel a 
person to perform the military duty of a man when he was 
not recognized as a man politically. Male citizens under 
twenty-one might be given the opportunity of serving in a 

10 Constitution of Iowa, 1857, Art. VI. 

11 Bebates of the Constitutional Convention, 1857, Vol. I, pp. 641, 642. 



ENLISTMENTS DURING THE CIVIL WAR 



militarj' capacity, it was said (probably in independent vol- 
unteer companies), but they should not be compelled to do 
so. The age of eighteen was retained, however, because 
such was the custom in all other States of the Union, be- 
cause 'innovations in military tactics are always looked 
upon with distrust", and because the country needed the 
services of the young men.^^ 

Following the adoption of the new Constitution there 
was considerable agitation for the organization of the 
militia. A number of bills for that purpose were intro- 
duced in the Seventh General Assembly (1858), but none of 
them passed either house. At the same time the Governor 
was authorized to organize, arm, and equip one company of 
mounted volunteers, thirty to one hundred strong, to de- 
fend the northwestern border of Iowa and to be subject to 
call at any time. Arms and equipment were to be loaned by 
the State. Horses and subsistence were to be furnished by 
the men. Furthermore, it was made the duty of the Gov- 
ernor to demand and receive indemnity from the Federal 
government for the expense incurred by Iowa in carrying 
out the provisions of the act.^^ 

Although Governor Ealph P. Lowe pointed out the ad- 
visability of enacting a militia law in 1860, no action was 
taken. The Senate committee on military affairs was 

unanimously opposed'' to such a measure, but thought 
that some legislation might be necessary for the independ- 
ent military companies of the State. 

Thus when President Lincoln issued his call for seventy- 
five thousand volunteers to put down the rebellion, the pro- 

12 Debates of the Constitutional Convention, 1857, Vol. I, p. 641. 

House Journal, 1858, pp. 281, 337, 462, 520, 521, 557; Sejiate Journal, 
1858, pp. 226, 371; Laws of Iowa, 1858, pp. 10-14. The Dubuque City Guards, 
an independent company, offered to go to the defense of the settlors in the 
northwest, but their services were not accepted. — Oldt's History of Dubuque 
County, Iowa, p. 253. 



332 IOWA JOURNAL OF HISTORY AND POLITICS 



visions for organizing the military forces of Iowa were 
indeed meager. The Governor could call into service any 
portion of the unorganized militia whenever he deemed it 
expedient ; but members of the militia could be called in no 
other manner than as volunteers, except in cases of insur- 
rection or invasion, and then the Governor prescribed the 
number to be received from each county, as well as the 
amount of their compensation. All officers, except staff 
officers, were elected by the volunteers. Arms and supplies 
were furnished at State expense. The Governor was em- 
powered to command the troops in person and make any 
further rules or regulations necessary to carry out the in- 
tent of the law.^"* 

In January, 1861, Governor Samuel J. Kirkwood was ad- 
vised to organize the militia ; and in regard to the commis- 
sioning of officers he was entreated to appoint prompt 
and ahle men who, tho' they fear God, have no fear of the 
devil, and no fear of traitors, and who dare to be meit, 
despite of party." Indeed, the people became more and 
more imbued with the war spirit as spring drew near. In- 
dependent military companies offered their services to the 
government and people everywhere were half consciously 
making ready for any emergency. It was reported that 
merchants, and laboring-men are all busily engaged — 
working at their respective callings through the day, and 
drilling in the evening — preparing themselves to enjoy 
peace, or encounter war.'* By May, when State and Nation 
were awakening to the stupendous task of the immediate 
future and the people were substituting momentary enthu- 
siasm for years of indifference, the very phrases of their 
speech reflected vividly the approach of war. A teamster 
- was no longer occupied with such an ordinary task as feed- 

1* Senate Journal, 1860, p. 316; Shambaugh's Messages and Proclamations of 
the Governors of Iowa, Vol. II, p. 170; Bevision of 1860, Sees. 1002-1012. 



ENLISTMENTS DURING THE CIVIL WAR 



ing and harnessing a horse, but instead he ^ Ogives him a 
ration of forage, puts on his equipments, [and] orders him 
to fall The ministers, it was said, rifle the spiritual 

armory of its contents and claim the right to wield *the 
sword of the Lord and of Gideon, ' while the choirs sing the 
*Star Spangled Banner^ The farmers, in place of plow- 
ing and sowing, ^^dig trenches and drill .... while 
their wives have become staff officers and attend to the 
subsistence or commissary department. ''^^ 

INDEPENDENT MILITAEY COMPANIES 

During the years prior to the Civil War when the General 
Assembly had been dominated by an attitude of apathy to- 
ward military preparedness, a martial spirit had neverthe- 
less pervaded the minds of the young men of this State. 
Many highly creditable companies were formed on the mili- 
tary principle, having military officers, arms, uniforms, and 
practice in military drill, although their chief function was 
probably social in character. The Blues or the Guards or 
the Rifles fulfilled the purpose of local clubs: they gave 
balls, held exhibition drills, and on gala days appeared on 
parade in resplendent uniforms. When the war cloud 
arose above the horizon these semi-military companies were 
the first to offer themselves in the service of their country. 

One of the oldest of the independent companies was the 
Dubuque City Guards. Organized in 1851, this company 
twice offered its services against the Indians in the north- 
west, and finally became practically defunct in 1861. M. M. 
Hayden, former captain of the City Guards, organized the 
Dubuque Light Artillery in 1860, which company was ulti- 
mately attached to the Ninth Iowa Volunteer Infantry. 

^5 KirJcwood Correspondence, No. 329; Council Blufs Nonpareil, May 4, 
1861 ; The Dubuque Herald, May 8, 1861. 



334 IOWA JOURNAL OF HISTORY AND POLITICS 



The remaining portion of the City Guards was probably in- 
corporated into this battery.^^ 

Perhaps the most famous independent company in Iowa 
was the Governor's Greys, also of Dubuque, named in honor 
of Governor Stephen Hempstead.^"^ In a letter written on 
January 15, 1861, to Joseph Holt, Secretary of War, Cap- 
tain F. J. Herron stated that the Greys had passed a reso- 
lution tendering their services to the President during the 
insurrection in the South. Other companies followed the 
example of the Governor's Greys, but sent resolutions to 
Governor Samuel J. Kirkwood.^^ 

The Washington Guards and the Jackson Guards of Du- 
buque were organized in 1859. The Jackson Guards and 
the Governor's Greys became Companies H and I, respec- 
tively, in the First Iowa Volunteer Infantry, while the 
Washington Guards formed Company A of the Third Eegi- 
ment. It appears that in 1860 the Dubuque City Guards, 
the Governor's Greys, the Washington Guards, and the 
Jackson Guards were organized into a battalion under the 
command of Major S. D. Brodtbeck, who had seen service 
in the Swedish army. Later the battalion was designated 
as the First Regiment of Iowa Militia. In April, 1861, it 
was under the command of Colonel J. F. Bates who became 
colonel of the First Iowa Infantry.^^ 

From 1857 until the outbreak of the war the Burlington 
companies were known as the First Battalion of Iowa Vol- 

leOldt's History of Dubuque County, Iowa, pp. 243, 263, 268, 269; Beport 
of the Adjutant-General of Iowa, 1861, p. 222. 

17 The Dubuque militia company, officially known as Company A of the First 
Iowa National Guard, is to this day called the Governor 's Greys. — The Tele- 
graph-Herald (Dubuque), June 20, 1916. 

T-SWar of the Behellion: Official Becords, Ser. Ill, Vol. I, pp. 55, 56. 

19 Oldt 's History of Dubuque County, Iowa, pp. 253, 254, 260 ; Beport of the 
Adjutant-General of Iowa, 1861, pp. 19, 21, 53 ; The Dubuque Herald, January 
16, May 29, 1861. 



ENLISTMENTS DURING THE CIVIL WAR 335 

unteers, with Major J. G. Lauman in command. The com- 
pany known as the Burlington Rifles, largely composed of 
Germans, was organized in 1857 under Captain C. L. 
Matthies. Governor Kirkwood accepted the services of the 
Rifles, offered on J anuary 19, 1861, and they eventually be- 
came Company D of the First Iowa Volunteers. The 
Burlington Blues were organized and incorporated under 
the laws of Iowa in 1856. In compliance with the request of 
Adjutant General Jesse Bowen to put themselves on a war 
footing by filling vacancies in their ranks the Blues began 
recruiting in January and tendered the services of a full 
company to the Governor on April 23, 1861.^^ The Burling- 
ton Zouaves had presented a complete company some- 
what earlier, and were ordered into quarters on April 20, 
1861, to become Company E of the First lowa.^^ 

There were four independent companies in Davenport at 
the time of the first call for volunteers — the Davenport 
City Artillery, the Sarsfield Guards, the Davenport City 
Guards, and the Davenport Rifles. Most of the members 
of these companies were Germans, many of whom had 
fought in European wars.^^ 

Iowa City boasted of three companies in 1861 — the Iowa 
City Artillery, the Washington Guards, and the Iowa City 
Dragoons. In 1859 they had formed an Iowa City Bat- 
talion with Major Croucher in command. The Washington 

20 The Burlington Blues bad voted on January 18, 1861, to stand by the 
goyernment in case of war. — Burlington Daily Eawlc-E ye, January 22, 1861. 

21 ' ' Zouaves ' ' was a name adopted by a number of companies of Iowa sol- 
diers in emulation of the famous French Zouave soldiers who were noted for 
their dash and courage, as well as for their brilliant uniforms. 

22 Burlington Daily EawTc-Eye, January 22, 26, 31, April 24, 1861; Antro- 
bus's History of Des Moines County, Iowa, Vol. I, pp. 189, 190; Iowa His- 
torical Becord, Vol. II, p. 374; Eeport of the Adjutant-General of Iowa, 1861, 
p. 14. 

2s History of Scott County, Iowa, p. 670; The Washington Democrat, April 
23, 1861. 



336 IOWA JOURNAL OF HISTORY AND POLITICS 



Guards became Company B of the First Iowa Kegiment, 
and the Dragoons were admitted to the First Iowa Cavalry 
as Company F.^^ 

Other independent companies which reorganized to be- 
come part of the Iowa volunteer infantry of the Civil War 
were the Mount Pleasant Grays (Company F, First Iowa 
Infantry) and the Washington Light Guards of Washing- 
ton, Iowa (Company G, Second Iowa Infantry). 

The Muscatine Light Guards, for years the pride of the 
city, failed to reorganize for the war and were disbanded 
by Governor Kirkwood. Benjamin Beach, one of the offi- 
cers, had ' ' no ambition to embark in such a war, but would 
prefer to see those who have been and still are so active in 
bringing about the present state of things lead the van.'' 
Still other independent military companies which may be 
mentioned were the Ottumwa Guards, the Columbus City 
Union Guards, the Council Bluffs Guards, and the Dyers- 
ville Blues.25 

Early in January, 1861, able-bodied men were urged to 
enroll themselves in companies, elect officers, and offer their 
services to the government. Many took advantage of the 
independent companies already organized. By the middle 
of the month Governor Kirkwood began to receive letters 
and resolutions begging him to accept companies for the 
formation of regiments to enforce the laws of the country. 
Indeed, there was such a scramble in April to be among the 

24Auriier's Leading Events in Johnson County History, Vol, I, pp. 505, 506. 
In January, 1861, tlie Dragoons offered to take the job of whipping South 
Carolina in case their expenses were paid and their liquor bills footed. They 
were reported to be six-footers and the best company in the northwest. — Iowa 
City Republican, January 23, 1861; The Dubuque Herald, January 30, 1861. 

The Home Journal (Mount Pleasant), April 27, 1861; The Washington 
Democrat, May 28, 1861; Muscatine WeeMy Journal, January 18, February 1, 
1861; The Dubuque Herald, March 6, 1861; Walton's Pioneer Papers, p. 238; 
Burlington Daily Hawlc-Eye, January 19, 1861; Council Bluffs Nonpareil, May 
4, 1861. 



ENLISTMENTS DURING THE CIVIL WAR 337 



ten companies to compose the First Iowa Volunteer In- 
fantry that the Grovernor experienced difficulty in selecting 
the most fit. At the same time the people were not unani- 
mous in military zeal. A member of the Washington 
Guards objected to the passing of resolutions by his com- 
pany expressing their willingness to go to war, because he 
believed that in the '^present perilous condition of this 
Union, nothing certainly is of greater importance, than 
averting the warlike spirit, and such untimely announce- 
ments as the ^ Guards ' have seen fit to herald to the world, is 
making darker and darker the conciliatory steps taken by 
wise and true patriots. ' ' That was in January. When, in 
April, the call came for volunteers. Governor Kirkwood 
was convinced that nine-tenths of the people of Iowa were 
Avith the administration and would be so long as policies 
similar to those then announced were followed.^^ 

THE CALLS FOR VOLUNTEERS 

On April 16, 1861, Simon Cameron, Secretary of War, 
telegraphed these words to Samuel J. Kirkwood, Governor 
of Iowa : ^^Call made on you by to-night's mail for one regi- 
ment of militia for immediate service''. The news of the 
fall of Fort Sumter had already flashed across the country 
and Governor Kirkwood had written to the War Depart- 
ment asking how many troops would be required from Iowa 
to suppress revolutionary * ^ combinations and to cause the 
laws to be duly executed." Fifteen or twenty volunteer 
companies had already tendered their services. Ten com- 
panies, or an aggregate of 780 men,^'^ to serve for three 
months, were asked of Iowa under President Lincoln 's first 

Burlington Daily HawTc-Eye, January 12, 1861; The Washington Demo- 
crat, January 22, 1861; War of the Behellion: Offlcial Records, Ser. Ill, Vol. 
I, p. 75. 

27 Authority was given later (May 10, 1861) to increase the quota to 970 
men. — War of the Behellion: Official Eecords, Ser. Ill, Vol. I, p. 185. 

VOL. XV — 23 



338 IOWA JOURNAL OF HISTORY AND POLITICS 

call for 75,000 State militia. The records show that 968 
men were actually furnished from this State.^^ 

No sooner had the dispatch calling for troops reached 
Governor Kirkwood than he set about the work of organ- 
izing a regiment of infantry to serve for three months. 
Each county was called upon to form companies of volun- 
teers and have them ready to be mustered into the active 
military service of the United States ^^by the 20th of May 
next at the farthest. If more companies were formed 
than could be accepted their services would be required in 
the event of another requisition on the State. * ^ The Nation 
is in peril", proclaimed the Governor. ^^A fearful attempt 
is being made to overthrow the Constitution and dissever 
the Union. The aid of every loyal citizen is invoked to sus- 
tain the General Government. For the honor of our State 
let the requirement of the President be cheerfully and 
promptly met.'' Keokuk was designated by the War De- 
partment as the place of rendezvous for Iowa. Later, upon 
Governor Kirkwood 's suggestion, permission was given 
to change the place to Davenport in order to secure better 
railroad and telegraph accommodations; but the change 
was not made, and so the first three regiments were as- 
sembled at Keokuk.^^ 

On April 29, 1861, Governor Kirkwood informed Secre- 

28 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 468; War of the Eehellion: Official Eecords, Ser. Ill, Vol. I, pp. 67, 69, 
74, 87; Phisterer's Statistical Eecord, p. 3. 

The first call for troops was made hj the authority of an act of Congress 
approved on March 3, 1803, and confirmed by the act of August 6, 1861. — 
War of the Belellion: Official Becords, Ser. Ill, Vol. I, p. 403, Vol. V, p. 606. 

29 As a matter of fact the First Eegiment was assembled in uniform at 
Keokuk by May 8th. — Eoster and Eecord of Iowa Soldiers in the War of the 
Eehellion, Vol. I, p. 4. 

30 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, pp. 468, 469; War of the Eebellion: Official Becords, Ser. Ill, Vol. I, pp. 
86, 118, 185, 220. 



\ 



ENLISTMENTS DURING THE CIVIL WAR 339 

tary Cameron that one regiment was ready to be mustered 
in, and that another had been ordered into the service of 
the State to be turned over to the United States at any 
time when it should be needed, while a third regiment was 
anxiously waiting to be called into service. ^^I can raise 
10,000 in this State in twenty days'', wrote the Governor. 
A week later he asked: ^^How many more regiments will 
be required from Iowa and for how long? I am over- 
whelmed with applications."^^ 

Toward the end of April, 1861, the enthusiasm for enlist- 
ment was at its height. Eallies were held and companies 
formed in an evening. Citizens of foreign birth were no 
less patriotic than native sons, as the following call issued 
in Iowa City will attest: 

Having been requested by many of our fellow citizens to issue a 
call for a general rally of all citizens of this country who formerly 
served in European armies, we, the undersigned, call now on all 
these of our countrymen who fought the hirelings of tyrants, in the 
eventful struggle of 1848 and 1849, to come forward to the rescue 
of our adopted country, whose laws we have sworn to support by 
our oath of allegiance and form a company of devoted patriots, 
who know well their duty to God and their adopted country. To 
carry out this purpose we will, after being organized, offer our ser- 
vices to our country for work of defense and not for show or play. 
Our wives and children will be taken care of by the government for 
the defense of whose stars and stripes we are eager to meet free- 
dom. 's foe once more. . . . Rally, ye sons of Germany, Bo- 
hemia, and Prance! 

But in some localities, especially along the southern 
border, the war propaganda received no encouragement. 
There was a disposition in these localities to let those fight 
it out who had favored drastic steps or who would not com- 
promise while there was yet time.^^ 

31 War of the Bebellion: Official Becords, Ser. IH, Vol. I, pp. 127, 128, 162. 
S2 Aurner's Leading Events in Johnson County History, Vol. I, pp. 509, 510; 
The South-Tier Democrat (Corydon), April 24, 1861. 



340 IOWA JOURNAL OF HISTORY AND POLITICS 



The companies of the First Iowa Infantry were raised 
and tentatively accepted by the Governor long before they 
were ordered into quarters on April 24, 1861. But the com- 
panies organized in response to the Governor's call for 
volunteers were raised in various ways — sometimes at 
public rallies, sometimes by the efforts of an influential citi- 
zen or a military man in the community. Volunteers 
pledged themselves to be of proper age, physically fit, and 
ready to defend the country as occasion required, subject to 
such regulations as the government might enact.^^ 

All the expenses of volunteer troops were paid by the 
State from the time they were ordered into quarters until 
they were mustered into the United States service. Cap- 
tains were instructed to contract for subsistence at twenty- 
five or thirty cents a day for each man, and to provide quar- 
ters in vacant buildings or among the citizens until the com- 
pany reached the place of rendezvous. Strict economy was 
urged. The problem of financing the preparation for war 
was solved in Iowa for the time being by generous loans 
from the branches of the State Bank. In May the General 
Assembly authorized the issuance of bonds to the amount of 
$800,000, and the use of State funds for the payment of the 
expenses of enlistment.^* 

Burlington Daily Hawlc-Eye, April 17, 23, 1861; Muscatine WeeTcly Jour- 
nal, April 19, 1861; Boster of Iowa Soldiers, Vol. I, p. 4. 

Provision was made for tlie discharge of enlisted minors upon application of 
their parents or friends and after August 26, 1861, no more minors were to be 
mustered in without the consent of their parents. Then followed the order to 
discharge no volunteer on the ground of minority. The question was settled 
by an act of Congress approved on February 13, 1863, providing that there- 
after no person under eighteen should be mustered and the oath of enlistment 
was conclusive as to age. Written consent of parents was necessary to enlist 
minors between eighteen and twenty-one. — War of the Behellion: Official 
Becords, Ser. Ill, Vol. I, pp. 384, 454, 488, 889, Vol. II, p. 162. 

War of the Behellion: Official Becords, Ser. Ill, Vol. I, p. 118; Kirk- 
wood's Military Letter BooTc, No. 1, pp. 11, 12; The Home Journal (Mount 
Pleasant), April 27, 1861; Laws of Iowa, 1861 (Extra Session), p. 16. 



ENLISTMENTS DURING THE CIVIL WAR 



341 



The First Iowa Volunteer Infantry, raised in compliance 
with the first call, was mustered into the Union service at 
Keokuk on May 14, 1861, by Lieutenant Alexander Cham- 
bers of the United States Army. Officers had been elected 
three days before. For a month the regiment remained 
'^cooped up in Keokuk drilling five hours a day, attending 
picnics, living in tents, and learning to cook for themselves. 
Then on June 13, 1861, orders came to join General Nathan- 
iel B. Lyon in Missouri, and by five o 'clock that afternoon 
the First Iowa was floating down the Mississippi to partici- 
pate in the first great battle in the West at Wilson's Creek 
on August 10, 1861. Although the term of enlistment had 
expired the First Iowa Regiment fought with such bravery 
that its name became the watchword of victory for every 
Iowa regiment. Upon being mustered out, about six hun- 
dred of this heroic First Eegiment reenlisted in other regi- 
ments, many of the men achieving high military distinction 
before the close of the war. Governor Kirkwood regarded 
the fame of the regiment too sacred to be risked in the 
hands of new recruits and refused to allow the First Iowa 
to be reorganized.^^ 

The necessity for * immediate and adequate measures for 
the protection of the National Constitution and the pres- 
ervation of the National Union by the suppression of the 
insurrectionary combinations ' ' led President Lincoln to is- 
sue a proclamation on May 3, 1861, calling for an additional 
military force.^^ The personnel of the navy was to be sup- 

35 IngersoU 's Iowa and the Belellion, pp. 20, 21; Byers's Iowa in War 
Times, pp. 70, 71. Early in July, nine of the ten companies of the First Iowa 
expressed their willingness to continue in service for three years or during the 
war under a new regimental organization after their three months enlistment 
had expired. They were gladly accepted by the War Department. — War of 
the Eeiellion: Official Eecords, Ser. Ill, Vol. I, pp. 322, 323, 328, 329. 

36 The capture of Washington seemed so imminent that the people univer- 
sally approved of Lincoln's exercise of absolute powers and Congress did not 
hesitate to sanction in August everything the President had done to raise an 
army. — War of the Eebellion: Official Eecords, Ser. Ill, Vol. I, p. 403. 



342 IOWA JOURNAL OF HISTORY AND POLITICS 

plemented by 18,000 additional seamen; the regular army- 
was ordered to be increased by an aggregate of 22,714 offi- 
cers and men; while 42,034 volunteers were called into 
actual service for a period of three years, unless sooner 
discharged.^"^ 

The active service of the three months men was chiefly 
connected with the brief campaign which terminated in the 
battle of Bull Run. It was a striking demonstration of the 
inefficiency of a volunteer army enlisted for short periods. 
Congress convened in extra session on July 4, 1861, and lost 
no time in authorizing the President, on July 22nd, 25th, 
and 31st, to accept any number of volunteers he might deem 
necessary, not exceeding 1,000,000, to repel invasion and 
suppress insurrection. It was directed that the troops so 
accepted should serve for a period of not more than three 
years nor less than six months. The volunteer army was 
to be organized and paid on the same plan as was the reg- 
ular army.^^ 

Under the call of May 3rd no quotas were assigned to the 
various States. Patriotism and an intensely warlike spirit 
swept over the North, resulting in a universal desire to 
serve the government. The call for volunteers was more 
than filled. The acts of Congress which authorized the 
raising of a million volunteers, including those under the 
call of May 3rd, were published in general orders and the 
response was so enthusiastic that no formal call was issued. 
Regiments were immediately offered in large numbers by 

37 War of the Eelellion: Official ^Records, Ser. Ill, Vol. I, pp. 145, 146. 

38 JFar of the EehelUon: Official Eecords, Ser. Ill, Vol. I, pp. 68, 312, 380- 
383. All of the loyal States furnished volunteers for three years under this 
call, and some enlisted men for shorter periods. New York raised over 30,000 
two-year men, and Missouri recruited 2715 for six months. Ohio, Indiana, 
Minnesota, Missouri, Kentucky, and Nebraska Territory enlisted soldiers for 
one year, while by special permission New York, Indiana, and Illinois fur- 
nished 15,007 men for three months. — Phisterer's Statistical Becord, p. 4. 



ENLISTMENTS DURING THE CIVIL WAR 343 



the States, and requisitions were made npon Grovernors as 
circumstances seemed to demand. Special arrangements 
were made for the ^independent acceptances'' of troops 
raised by individuals — a policy which led to much con- 
fusion when military service ceased to be regarded as a 
privilege and had to be exacted as a duty. Although the 
apportionment of men to be raised by Iowa under the later 
calls of 1861 was 19,316, it appears that 21,987 were actually 
furnished.^ ^ 

Governor Kirkwood was so overwhelmed with the appli- 
cations of companies to be mustered into service at the out- 
break of the war that, as has been seen, he selected enough 
men to fill two new regiments. On May 16th the War De- 
partment ordered the organization of two regiments in 
Iowa and the Governor immediately sent the Second Regi- 
ment to the rendezvous at Keokuk on May 25th, and ordered 
the Third Regiment to be at the same place by June 3rd. 
The Second Iowa was mustered into United States service 
on May 27th and 28th, 1861, and the Third Regiment on 
June 8th and lOth.^^^ 

The Eighth General Assembly convened in extra session 
on May 15, 1861, for the purpose of providing war funds 
and enacting an effective military law. Resolutions were 
passed memorializing the President to authorize the forma- 
tion of a brigade of Iowa and Nebraska regiments and to 
appoint or allow the election of a brigadier general.^^ 

^9 War of the EehelUon: Official Eecords, Ser, III, Vol. V, pp. 606, 607; 
PMsterer's Statistical Becord, p. 4. 

40 War of the Behellion: Official Eecords, Ser. Ill, Vol. I, pp. 162, 170, 171, 
203, 220; Eoster of Iowa Soldiers, Vol. I, pp. 91, 283. 

It was reported that besides the thirty companies included in the first three 
regiments more than one hundred other companies had volunteered their ser- 
vices. One captain offered $2000 to be accepted immediately. — Anamosa 
Eureica, June 7, 1861. 

41 Samuel E. Curtis was generally approved for the command of the brigade. 
— War of the Eebellion: Official Eecords, Ser. Ill, Vol. I, p. 261. 



344 IOWA JOURNAL OF HISTORY AND POLITICS 



Furthermore, in response to the petitions of several volun- 
teer companies of cavalry, the General Assembly asked the 
President to muster them into service as a regiment, not to 
be counted in the quota of troops furnished from this State. 
In urging the War Department to accept the suggestion of 
the General Assembly, Governor Kirkwood hoped the Fed- 
eral government would *^not overlook the young but loyal 
and gallant State'' of Iowa. *^Our people are loyal, patri- 
otic, and devoted", he wrote. Their hearts are with you 
in the national struggle. Their prayers daily ascend for 
the President, the members of the Cabinet, and for glorious 
General Scott. Their desire is that the war be speedily 
terminated, and that 200,000 men in addition to what you 
have be called, if necessary, to extinguish the unnatural re- 
bellion." John W. Rankin made a special trip to Wash- 
ington to tender Colonel Fitz Henry Warren's regiment of 
cavalry to the government. The three infantry regiments, 
commanded by Colonels Grenville M. Dodge, William H. 
Worthington, and John A. McDowell, were accepted by the 
War Department on June 19, 1861. Two of these infantry 
regiments and Warren's cavalry were ordered to be mus- 
tered in at Burlington, and Colonel Dodge's regiment, the 
Fourth Iowa Infantry, at Council Bluffs. Governor Kirk- 
wood i^romised to have them in rendezvous about the fourth 
of July. The Fourth Iowa was mustered in on August 8, 
1861; the Fifth on July 15th, 16th, and 17th; and the Sixth 
on July 17th and ISth.^^ 

In the meantime Major Jacob G. Lauman had been busy 
raising an independent regiment. By June 19th it was re- 
ported that he had offers of enough companies for three 
regiments. But when the Governor selected the three regi- 

Laws of Iowa, 1861 (Extra Session), p. 36; War of the Behellion: Official 
Becords, Ser. Ill, Vol. I, pp. 261, 279, 286; Byers's Iowa in War Times, pp. 
486, 488, 490. 



ENLISTMENTS DURING THE CIVIL WAR 



ments authorized by the General Assembly, Major Lau- 
man's regiment was not one of the number. Secretary 
Cameron, however, readily accepted another regiment from 
Iowa, under the command of Major Lauman, about the last 
of June, and it became the Seventh Iowa Infantry, com- 
pleting muster on August 2, 1861. Moreover, the Secretary 
sanctioned most heartily the desire of Governor Kirkwood 
that in the future troops from Iowa should be called into 
United States service by regular requisition upon the Gov- 
ernor, being satisfied that such a policy would save much 
complication and unpleasant feeling.^^ 

On July 23, 1861, Governor Kirkwood received informa- 
tion that two batteries of artillery had been accepted with 
the understanding that they were not to be attached to any 
particular regiments, and that the War Department would 
accept four more regiments of infantry from Iowa if they 
could be ready for marching orders in three weeks. The 
following day the notice came that an additional regiment 
of cavalry would be accepted, the colonel to be appointed 
by the authorities in Washington. It appears that the ac- 
ceptance of these new troops was due to influence brought 
to bear by men who had raised independent regiments, as 
well as by the termination of the enlistments of the three 
months troops under the first call. On the day after the 
battle of Bull Run was fought William Vandever, then a 
member of Congress from Iowa, went to Secretary Cam- 
eron and offered a regiment of volunteers, to be recruited 
and organized by himself. The Secretary of War agreed 
to the proposal and Mr. Vandever set out for Iowa. Inas- 
much as Governor Kirkwood refused to recognize any in- 
dependent regiments raised by individuals, their acceptance 

43TFar of the Eebellion: Official Becords, Ser. Ill, Vol. I, pp. 296, 311, 325, 
790; Byers's Iowa in War Times, p. 493; Burlington Daily HaivJc-Eye, June 10, 
1861. 



346 IOWA JOURNAL OF HISTORY AND POLITICS 



by the War Department amounted to formal requisition by 
the United States. Two other infantry regiments were ac- 
cepted, it was claimed, in order that John C. Bennett and 
H. B. Hoffman, friends of Assistant Postmaster General 
John A. Kasson and District Attorney W. H. F. Gurley, 
could be made colonels."*^ 

Governor Kirkwood issued a proclamation on July 30, 
1861, calling upon the people to raise the four new regi- 
ments of infantry and one of cavalry as promptly as pos- 
sible. It was reported that Colonel Bennett's regiment 
from Polk County was ready, but that the regiments raised 
by Vandever and Hoffman were still unorganized. Many 
of the companies in process of organization under the State 
laws were nearly complete, but they were too small for 
Federal service, so that unusual efforts were required to 
fill them to war strength by the allotted time. The Eighth 
Iowa Infantry (H. B. Hoffman's regiment) was mustered 
in at Davenport under Colonel Frederick Steele about the 
first of September; Vandever 's regiment formed the Ninth 
Iowa Infantry and completed muster at Dubuque on Sep- 
tember 24, 1861 ; the Tenth Iowa, raised by J. C. Bennett, 
was mustered in at Iowa City under Colonel Nicholas 
Perczel with Bennett as major on September 6th and 7th; 
and the Second Cavalry was mustered into United States 
service at Davenport on August 25, 1861, with Washington 
L. Elliott, a captain of the Third United States Cavalry, 
commissioned as colonel.^^ 

Governor Kirkwood believed in the policy of raising as 
large a number of troops as possible, especially when it 

44 War of the Behellion: Offlcial Becords, Ser. Ill, Vol. I, pp. 343, 344, 346, 
347, 350, 353, 364; Ingersoirs lotua and the Behellion, p. 146. 

45 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, pp. 482, 483; Boster of Iowa Soldiers, Vol. I, p. 1061, Vol. II, pp. 3, 145; 
War of the Behellion: Official Becords, Ser. Ill, Vol. I, p. 498; Pierce's History 
of the Second Iowa Cavalry, p. 9. 



ENLISTMENTS DURING THE CIVIL WAR 



seemed that the Confederates outnumbered the Union 
forces at almost every point in the field. So all through 
the autumn and winter of 1861 and 1862, he kept on re- 
cruiting for new regiments. On September 10, 1861, he is- 
sued the following stirring appeal to the citizens of the 
State : 

More soldiers are required for the "War. I therefore appeal to 
your patriotism to complete, at once the quota demanded of our 
State. Six regiments of infantry and two of cavalry, composed of 
your friends and your neighbors, are now in the field. Three more 
regiments of infantry, and one of cavalry, composed of the same 
precious materials, are now in camp, nearly organized, and eager 
to join their brothers in arms, who have preceded them, and still 
four more regiments are required. Will you permit these patriots 
who have gone forth, animated with the spirit of their cause, to 
remain unsupported, and to fight alone the battles which are im- 
minent ? Remember they will not fight for themselves alone. It is 
your cause, as well as theirs, in which they are engaged. It is the 
cause of government, of home, of country, of freedom, of humanity, 
of God himself. It is in this righteous cause that I now call upon 
the manhood and patriotism of the State for a cordial and hearty 
response. The gallant achievements of our noble Iowa first, have 
bestowed upon our State an unperishable renown. Wherever forti- 
tude is appreciated, and valor recognized, as the attributes of a 
brave and great hearted people, the Iowa volunteer is now greeted 
with pride and applause. 

Shall it be said that you were unworthy the great deeds which 
were done in your behalf by that regiment of heroes, that you were 
laggards in the great work which they so well began. Shall the 
fair fame of the State, which they have raised to the highest point 
of greatness, lose its luster through your backwardness to the call 
of your country, made in the holiest cause which ever engaged the 
efforts of a people ? With you rests the responsibility. Men alone 
are wanted.^^ 

^QWar of the ^Rebellion: Official Eecords, Ser. Ill, Vol. I, p. 555; Sham- 
baugh's Messages and Proclamations of the Governors of Iowa, Vol. II, pp. 
485, 486. 



348 IOWA JOURNAL OP HISTORY AND POLITICS 



On October 2nd Governor Kirkwood wrote to Secretary 
Cameron that he was organizing the Eleventh and Twelfth 
Iowa Infantry and the Fourth Regiment of cavalry, which 
would be commanded by Colonel Asbury B. Porter. 
Furthermore, in compliance with a request from General 
John C. Fremont, the Third Iowa Cavalry under Colonel 
Cyrus Bussey had been mustered in and was already on 
duty in Missouri. Recruiting for the Thirteenth and Four- 
teenth Infantry, furnished also at the request of General 
Fremont for garrison duty in Fort Randall and Fort Leav- 
enworth, would commence as soon as the other infantry 
regiments were full. The Secretary of War replied that he 
was willing to receive all the troops Iowa could furnish for 
active duty and cordially sanctioned Kirkwood 's activities. 
In addition to these troops, the Governor was given per- 
mission to raise a company of cavalry for the defense of 
the northwestern frontier of Iowa against the Indians.*'^ 

Cavalry regiments were much easier to raise than infan- 
try, and permission was granted to substitute a cavalry 
regiment (Colonel Porter's) for one of the infantry regi- 
ments. But inasmuch as all of the infantry regiments were 
in the process of formation, it seemed best to continue re- 
cruiting for both the infantry and the cavalry. The people 
of Iowa were particularly anxious that cavalry should be 
accepted in order that they might have an opportunity to 
sell the necessary horses — the only product they possessed 
that was in demand by the government. The Federal 
authorities were entirely willing to accept all the troops 
that could be raised.^^ 

47 War of the Eehellion: Official Becords, Ser. Ill, Vol. I, pp. 410, 554, 555, 
566. 

War of the Behellion: Official Becords, Ser. Ill, Vol. I, pp. 501, 512, 548, 
549, 558, 573. By the end of October horses had not yet been purchased for 
the Second Cavalry. The farmers complained that while many States were 
growing rich out of the war, we have been permitted to furnish a few hun- 



ENLISTMENTS DURING THE CIVIL WAR 



As the magnitude of the rebellion was realized recruit- 
ing became more and more difficult. The Fifteenth, Six- 
teenth, and Seventeenth Eegiments were made up of older 
men, many of them married. Enlistments were encouraged 
by special appeals to particular classes: the temperance 
men wanted a ^ ^ cold-water ' ' regiment; the Irish and Ger- 
mans were organizing ; and a regiment of lancers was in the 
process of formation at Burlington. But in spite of stren- 
uous efforts these later regiments filled very slowly. As 
early as August 31, 1861, permission was given to muster 
men in squads.^ ^ 

On October 27th Adjutant-General N. B. Baker reported 
that the Eleventh and Twelfth Eegiments of infantry were 
ready for service.^^ The Thirteenth and Fourteenth Regi- 
ments were nearly full, while the lancers were gathering in 
Burlington.^^ A week later Governor Kirkwood reported 
the ranks of the Fifteenth Eegiment at Keokuk to be sub- 
stantially filled. Organization of the Sixteenth and Seven- 
teenth, as well as Irish and German regiments, was under 
way. The Fourth Cavalry was nearly ready at Mount 
Pleasant. The following week (November 10, 1861), it was 
claimed that the Fifteenth Infantry was more than filled, 
and permission was asked to begin the recruiting of a new 

dred horses at from ten to forty per cent less than the government paid for no 
better animals in the older States," — War of the Eedellion: Official Records, 
Ser. Ill, Vol. I, p. 602; Iowa Agricultural Beport, 1861-1862, p. 8. 

^^Eoster of Iowa Soldiers, Vol. II, pp. 1059, 1060; War of the Behellion: 
Official Eecords, Ser. Ill, Vol. I, pp. 467, 474, 549, 573, 617. The excuse for 
organizing an Irish regiment was that they might have a chaplain of their own 
faith. — Anamosa EureTca, September 20, 1861. 

50 The Twelfth Infantry was not entirely mustered until November 25, 1861. 
— Eoster of Iowa Soldiers, Vol. II, p. 407. 

51 Three companies of the Fourteenth Regiment went into rendezvous at 
Iowa City, instead of Davenport. They were the only troops of eitlier the 
Thirteenth or Fourteenth Infantry to reach their proposed station at Fort 
Randall, the regiments being sent South instead. — War of the Echellion: Of- 
ficial Eecords, Ser. Ill, Vol. I, p. 602 ; Eoster of Iowa Soldiers, Vol. II, p. 721. 



350 IOWA JOURNAL OF HISTORY AND POLITICS 



regiment to absorb the detached companies. Furthermore, 
several active, talented, energetic, and brave'' men (S. A. 
Rice, V. Van Antwerp, John W. Rankin, and Alexander 
Chambers) desired to raise regiments which they might 
command.^^ On January 10, 1862, Adjutant-General Baker 
reported that the Fourth Cavalry was still at Mount Pleas- 
ant under marching orders for Fort Leavenworth, but 
without tents, arms, ammunition, and lacking a number of 
horses. The Fifteenth Infantry lacked one hundred men 
of being full, while the Sixteenth Regiment had only about 
three hundred men in camp. The German regiment con- 
sisted of about two companies, which were later combined 
with the Sixteenth Regiment. The muster of the Fifteenth 
Regiment was completed on February 22, 1862, that of the 
Sixteenth Regiment on March 12, 1862, and both were sent 
south on March 19th and 20th, respectively.^^ 

The whole recruiting service was reorganized on Decem- 
ber 3, 1861. After the units then organizing in the various 
States were completed, no more troops were to be raised 
except upon special requisition by the War Department. 
On January 1, 1862, general superintendents of recruiting 
were detailed to take charge of central depots in each State 
where volunteers would be concentrated, clothed, and in- 
structed in the art of war. Experienced soldiers were de- 

52 John W. Rankin was permitted to raise a regiment, and was subsequently 
made colonel of the Seventeenth Infantry. — War of the BehelUon: Official Rec- 
ords, Ser. Ill, Vol. I, pp. 657, 658. 

53 War of the BehelUon: Official Records, Ser. Ill, Vol. I, pp. 602, 616, 617, 
626, 627, 632, 786, 940, 954; Eoster of Iowa Soldiers, Vol. II, pp. 883, 884, 
1059, 1060. 

After the battle of Shiloh the Eleventh, Thirteenth, Fifteenth, and Sixteenth 
Regiments were brigaded together under General M. M. Crocker, formerly 
lieutenant-colonel of the famous Second Iowa Infantry and colonel of the 
Thirteenth. These regiments remained together during the remainder of the 
war and were reputed to compose the oldest brigade in the Union army. — 
Byers's Iowa in War Times, p. 503. 



ENLISTMENTS DURING THE CIVIL WAR 



tailed as drill masters. Eecruiting parties composed of 
two commissioned officers and four non-commissioned offi- 
cers or privates from each regiment, tonred the country, 
enlisting volunteers, and sending them in squads to the 
general rendezvous. Eecruiting in Iowa during the winter 
of 1862 was devoted almost entirely to the Sixteenth and 
Seventeenth Infantry. The first companies of the Seven- 
teenth Eegiment were ordered into quarters the latter part 
of January, and the regiment was completely mustered by 
April 16, 1862. On April 3, 1862, the War Department, 
voicing the popular opinion that the war would soon be 
over, issued an order that volunteer recruiting should be 
discontinued in every State. The recruiting superintend- 
ents were to close their offices and join their regiments with- 
out delay. On May 24th, however, the President asked for 
another regiment of infantry and Adjutant-General Baker 
issued a call for the Eighteenth Iowa to be raised in sixty 
days. This regiment went into camp at Clinton and was 
mustered into the United States service on the 5th, 6th, and 
7th of August. It was raised within the period of two 
months as promised, in spite of the fact that it was the 
harvest season. In addition to the eighteen infantry regi- 
ments, Iowa sent to the war in response to the calls of 1861 
nearly five regiments of cavalry,^* and three batteries of 
artillery — Dodge's Battery with the Fourth Infantry, 
Hayden's Dubuque Light Artillery with the Ninth Infan- 
try, and Fletcher's First Battery.^^ 
Governor Kirkwood early adopted the policy of distrib- 

54 The "Curtis Horse", organized by tlie authority of General Fremont in 
December, 1861, later became the Fifth Iowa Cavalry, although some of the 
companies were from Minnesota, Nebraska, and Missouri. — Ingersoll 's loica 
and the BehelUon, pp. 441, 442. 

^^Eoster of Iowa Soldiers, Vol. Ill, pp. 3, 117; War of the BehelUon: 
Official Records, Ser. Ill, Vol. I, pp. 722, 723, Vol. II, pp. 2, 206; Beport of 
the Adjutant-General of Iowa, 1863, Vol. II, p. 752. 



352 IOWA JOURNAL OF HISTORY AND POLITICS 



uting quotas for new regiments among the counties of the 
State according to their population. Thereafter companies 
offered from counties not previously represented in organ- 
ized regiments were accepted in preference to companies 
from counties that had already contributed volunteers. A 
military census was ordered by the General Assembly in 
May, 1861, whereby it was found that there were 106,340 
men in Iowa subject to military duty, ranging from none in 
Lyon and Osceola counties to 4455 in Lee County. The 
responsibility of contributing its share of men was placed 
upon each county. The same Assembly divided the militia 
into volunteer and reserve classes, the former to be organ- 
ized into companies of from forty to one hundred men and 
officers, uniformed, assembled for drill from five to twenty 
days a year, armed and equipped. Special troops consist- 
ing of two regiments of infantry, one regiment of mounted 
riflemen, one battalion of artillery, and one squadron of 
cavalry, were ordered to be made up of volunteers accepted 
by the Governor. They were to be uniformed and equipped 
with the best arms procurable. All except the mounted 
riflemen were subject to Federal service if called.^^ 

By virtue of the authority vested in him by the extra 
session of the General Assembly in 1861, Governor Kirk- 
wood sent out a circular letter in October, 1861, suggesting 
that companies and regiments of armed militia be raised 
for the better protection of the exposed borders of this 
State, to resist marauding parties of Indians and other 
hostile persons, to repel invasion, and to render prompt and 
efficient assistance to the United States". Two companies 
of mounted men were to be attached to each regiment. This 
force was organized strictly for the protection of homes 

56Kirkwood's Military Letter Boole, Vol. I, p. 244; Beport of the Adjutant- 
General of Iowa, 1863, Vol. I, pp. xiv, xv; Laws of Iowa, 1861 (Extra Session), 
pp. 21-25, 27-30. 



ENLISTMENTS DURING THE CIVIL WAR 353 



and property, and was never to be mustered into United 
States service. Every man was compelled to furnish his 
own clothing, horse, and equipment. Inasmuch as muskets 
and long-range rifles were not available, all the privately 
owned shot-guns and hunting rifles were reported for use if 
needed — effective weapons in the hands of brave men.^"^ 

The unfavorable turn of the fortunes of war in the spring 
of 1862 and the subsequent depletion of the Union armies 
rendered a new call for volunteers absolutely necessary. 
The recruiting service which was closed on April 3, 1862, 
was resumed on June 6th. Three weeks later the Gov- 
ernors of most of the loyal States requested the President 
to call for enough volunteers to fill up the military organ- 
izations in the field and increase the size of the army to 
such an extent as might be necessary to crush the rebellion. 
At first the President thought 150,000 men would be a suffi- 
cient force, but on July 1, 1862, he decided upon 300,000 for 
three years service. The call was issued the following day. 
Above all else President Lincoln urged the importance of 
raising troops immediately.^^ 

Efforts were made to fill vacancies in the old regiments 
already in the field, but without success. Early in August 
it was perceived that the call of J uly 2nd would be answered 
only by the formation of new regiments, partly because the 
Governors did not realize the needs of the service and 
partly because recruits were won largely by individuals 
who were stimulated by the hope of commissions in the new 
units. In view of this situation President Lincoln ordered 
a draft of 300,000 militia, to be called immediately into 
Federal service for a period of nine months unless sooner 

57 Laws of Iowa, 1861 (Extra Session), pp. 27-30; War of the Mehellion: 
Official Records, Ser. Ill, Vol. I, pp. 561, 562. 

58TFar of the Behellion: Official Becords, Ser. Ill, Vol. II, pp. 180, 183, 187, 
, 188, 201, Vol. V, p. 60'8. 

VOL. XV — 24 



354 IOWA JOURNAL OF HISTORY AND POLITICS 



discharged. Furthermore, if any State had not furnished 
its quota under the call of July 2nd by August 15th the 
deficiency would be made up by draft. This was the first 
recognition of the principle that the security of the govern- 
ment depended upon the military service which every citi- 
zen owed to his country. The draft failed in 1862 because 
there was no means of equitably apportioning quotas: it 
yielded less than 87,000 men.^^ 

The quotas of troops required from Iowa in 1862 were 
10,570 volunteers under the call of July 2nd, to serve for 
three years in either old or new regiments, and 10,570 
militia to be drafted for nine months to fill old regiments. 
The War Department, however, accepted 24,438 volunteers 
for three years service, and then insisted that the ranks of 
the old Iowa regiments be filled in addition, an order which 
required 8005 more men. Iowa refused to accept any vol- 
unteers for less than three years service, a policy which 
would have saved endless trouble if it had been adopted by 
all the other States.^'^ 

''I now assure you", wrote Governor Kirkwood to Abra- 
ham Lincoln on July 8, 1862, ^^that the State of Iowa will 
be found in the future as in the past prompt and ready to 
do her duty to the country in this time of sore trial. Our 
harvest is just upon us and we have scarcely men enough to 
save our crops, but if need be our women can help.'^ Kirk- 
wood's appeal for volunteers issued on the following day 
breathed the same loyal devotion. *'The time has come 
when men must make, as many have already made, sacri- 
fices of ease, comfort and business for the cause of the 

5QWar of the EeheJlion: Official Eecords, Ser. Ill, Vol. II, p. 291, Vol. V, 
pp. 609, 610. 

60 Phisterer 's Statistical Eecord, p. 5 ; Eeport of the Adjutant-General of 
Iowa, 1863, Vol. II, p. 755; Iowa City Eepublican, December 24, 1862. 



ENLISTMENTS DURING THE CIVIL WAR 



355 



country/' Five regiments were all that were called for 
immediately.^^ 

Volunteering progressed slowly during July, 1862. The 
farmers were busy with the harvest, the war was much 
more serious than had been anticipated, and the first ebulli- 
tion of military enthusiasm had subsided. Furthermore, 
disloyal sentiment was rampant in some parts of the State. 
In Henry County a recruiting officer was attacked and 
threatened with being hanged if he did not leave the neigh- 
borhood. A secret organization known as the Knights of 
the Golden Circle was formed partly for the explicit pur- 
pose of discouraging enlistments. It was an organization 
composed of southern sympathizers, reapers of war profits, 
and slackers. 

But when the Federal government threatened to draft 
men in August the situation assumed a different aspect. 
To be drafted was regarded as the height of disgrace and 
consequently recruiting received a great stimulus. As 
Adjutant-General N. B. Baker remarked, ^^Eecruiting is 
going on in this State magnificently. I like a draft. ' ' On 
August 20th there were a hundred companies above the five 
regiments called for in July. *^Our whole State appears to 
be volunteering wrote Governor Kirkwood. He thought 
he could have eighteen or twenty regiments ready in a week 
if he had blankets and quarters for them. Some counties 
averaged a company a week: companies grew into regi- 
ments, and regiments into brigades. Only women, old men, 
and boys remained at home in some communities. It was 

siKirkwood's Military Letter BooT{,, No. 2, p. 325; Shambaugh's Messages 
and Proclamations of the Governors of Iowa, Vol. II, p. 497; War of the Be- 
hellion: Official Eecords, Ser. Ill, Vol. II, p. 208. It was asserted that a speech 
made by Kirkwood at the depot in De Witt was the cause of raising three com- 
panies in that vicinity. — KirJcwood Correspondence, No. 566. 

^2 War of the Eehellion: Official Eecords, Ser. Ill, Vol. II, p. 2G5; Byers's 
Iowa in War Times, p. 179. 



356 IOWA JOURNAL OF HISTORY AND POLITICS 



reported that only two men between the ages of eighteen 
and forty-five were left in one township in Des Moines 
County.^^ 

In July, 1862, the recruiting service was revised to the 
extent that recruiting details from each regiment were 
thereafter to consist of only two commissioned officers and 
one non-commissioned officer or private. One commis- 
sioned officer of the detail was to remain constantly at the 
general recruiting depot to receive new volunteers. Spe- 
cific regulations for recruiting were again published on 
December 2, 1862. The service was henceforth to be con- 
ducted by the Adjutant-General. Eecruiting parties were 
to consist of one lieutenant, one non-commissioned officer, 
two privates, a drummer, and a fifer. Success in obtaining 
recruits was said to depend much upon the activity and 
personal attention of the officers. They were instructed to 
allow no man to be inveigled into the service, but to explain 
all the conditions to him before he signed the enlistment 
papers. Minors were to be treated with great candor. 
Notices might be run in newspapers, or five dollars a month 
might be expended in procuring posters directing attention 
to the rendezvous. A premium of two dollars was paid for 
each recruit accepted.^^ 

As in 1861, regiments were formed with the idea of ap- 
pealing to particular classes. There was a movement for 
the organization of an Irish regiment, naturalization after 
service of one year being the chief inducement offered. 
Colonel E. C. Byam raised a temperance regiment'^ which 
became the Twenty-fourth Iowa Infantry. But perhaps 
the most famous of all was the ^'Governor's Grey-Beards", 

63 War of the Behellion: Official Eecords, Ser. Ill, Vol. II, pp. 339, 416, 417; 
Burlington Daily HawTc-Eye, August 18, 20, 23, 1862. 

64 War of the Behellion: Official Records, Ser. Ill, Vol. II, pp. 250, 914, 915, 
917. 



ENLISTMENTS DURING THE CIVIL WAR 



a regiment of active and vigorous'' men forty-five years 
of age, recruited for garrison duty. This was the Thirty- 
seventh Iowa Infantry. There was some agitation also in 
the summer of 1862 for the enlistment of negroes, but noth- 
ing was done along this line in Iowa until a year later. The 
opinion was expressed that a hundred and fifty negroes 
could be used in every regiment as teamsters, wood chop- 
pers, and for police duty. There are enough soldiers on 
extra duty in the army to take Richmond or any other rebel 
city if they ivere in the ranks instead of doing negro work'\ 
wrote one Iowa colonel. Governor Kirkwood, however, fa- 
vored the enlistment of negroes, and declared that he would 
not ''have any regrets if it is found that a part of the dead 
are niggers and that all are not white men" at the end of 
the war.^^ 

Grovernor Kirkwood realized when the call for troops was 
made on July 2nd that the first duty was to fill the ranks of 
the regiments already in the field. Recruiting officers from 
old regiments were sent to the localities where the com- 
panies had been raised in 1861, because it was assumed that 
men would enlist more readily if assured that they would 
be among friends and neighbors. But the appeal to join 
the old and tried regiments was less attractive than the 
chance of becoming officers in new regiments. And so, as 
volunteers were at liberty to choose, the result was the 
formation of twenty-two new regiments and the enlistment 
of only about 1000 men for the old regiments. Indeed, two 
days before the draft order of August 4th was issued. Gov- 
ernor Kirkwood wrote that he was satisfied that the old 
regiments could be filled only by draft : the volunteer sys- 

«5 War of the EehelUon: Official Becords, Ser. Ill, Vol. II, pp. 325, 352, 362; 
Anamosa EureTca, August 15, September 5, 1862 ; Eoster of loiva Soldiers, Vol. 
Ill, p. 795; Byers's Iowa in War Times, p. 558 j Kirkwood 's Military Letter 
BooTc, No. 2, pp. 485, 486. 



358 IOWA JOURNAL OF HISTORY AND POLITICS 



tern appeared to be a flat failure as long as there was a 
choice of service. 

111 October the Governor became even more thoroughly 
convinced that it was impossible to recruit for the old regi- 
ments while new ones were being formed. He therefore re- 
fused recruiting commissions to several individuals who 
wished to raise troops, and made it very clear to the War 
Department that if any more independent regiments were 
accepted by the authorities at Washington he would cease 
his efforts. ^"^ Furthermore, he protested vigorously against 
the practice of enlisting men from volunteer regiments for 
regular service and refused to fill any vacancies so created. 
Finally, as a last resort to save Iowa from the draft, the 
Governor distributed quotas to fill up the old regiments 
among the counties in proportion to their population and 
the number of volunteers previously furnished. Sufficient 
numbers of volunteers had to be supplied by January 1, 
1863, or the draft would be instituted if the Secretary of 
War so ordered. By J anuary 31, 1863, Iowa had furnished 
only 1229 men for the old regiments, but the draft had not 
been ordered.^^ ^ 

In response to the calls for troops on July 2 and August 
4, 1862, Iowa furnished twenty-two regiments of infantry 
— the Nineteenth to Fortieth Eegiments, inclusive. Three 
other regiments were authorized, but were never com- 
pleted. The three companies of the old Fourteenth 

66 Kirkwood's Military Letter BooTc, No. 4, pp. 75-77; War of the Eehellion: 
Official Becords, Ser. Ill, Vol. II, p. 291; Iowa City Bepuhlicaii, December 24, 
1862. 

67 The Secretary of War, Edwin M. Stanton, had authorized three infantry 
and two cavalry regiments from Iowa — the Forty-first, Forty-second, and 
Forty-third Infantry and the Sixth and Seventh Cavalry. — Iowa City Bepub- 
lican, December 24, 1862. 

68 War of the Behellion: Official Becords, Ser. Ill, Vol. II, pp. 843, 844, 845, 
Vol. Ill, p. 36; Kirkwood's Military Letter Boole, No. 4, pp. 75-77. 



ENLISTMENTS DURING THE CIVIL WAR 



359 



Regiment, detailed to Fort Eandall, were known as the 
Forty-first Battalion and were intended as the nucleus of a 
full regiment of the same number, but they were ultimately 
transferred to the Seventh Iowa Cavalry. The Forty-sec- 
ond and Forty-third Regiments were authorized by special 
order of the War Department and recruiting began, but the 
regimental organization was not completed. It was in def- 
erence to the efforts of the men commissioned to recruit 
these regiments that the later regiments of one hundred 
days men in 1864 began numbering with the Forty-fourth. 
In addition to the infantry, two cavalry regiments, the 
Sixth and Seventh, were organized by special permission 
of the War Department. The infantry regiments were 
mustered in between August 23 (Nineteenth Iowa) and De- 
cember 15, 1862 (Thirty-seventh, ^'Grey-Beard'' Regi- 
ment) ; and the Sixth and Seventh Cavalry completed their 
organization on March 5, 1863, and July 25, 1863, respec- 
tively. The Nineteenth, Thirtieth, and Thirty-sixth Regi- 
ments rendezvoused in Camp Lincoln at Keokuk; the 
Twentieth and Twenty-sixth in Camp Kirkwood at Clinton ; 
the Twenty-first, Twenty-seventh, Thirty-second, and Thir- 
ty-eighth in Camp Franklin at Dubuque; the Twenty-sec- 
ond, Twenty-eighth, and Fortieth in Camp Pope at Iowa 
City; the Twenty-third, and part of the Thirty-ninth in 
Camp Burnside at Des Moines ; the Twenty-fourth, Thirty- 
fifth, and Thirty-seventh in Camp Strong at Muscatine ; the 
Twenty-fifth in Camp McKean at Mount Pleasant; the 
Twenty-ninth in Camp Dodge at Council Bluffs ; the Thirty- 
first in Camp Herron at Davenport; the Thirty-third in 
Camp Tuttle at Oskaloosa ; and the Thirty-fourth in Camp 
Lauman at Burlington.^^ 

^^Boster of Iowa Soldiers, Vol. Ill, p. 225, Vol. IV, pp. 1115, 1253, Vol. V, 
pp. 741, 1159; Ingersoll's Iowa and the Eebellion, p. 669; Report of the Ad- 
jutant-General of Iowa, 1863, Vol. I, pp. xiii, xiv. 



;U)0 IOWA JOURNAL OF HISTORY AND POLITICS 

In Aiig-ust, 1862, news of the Sioux massacre at New 
Ulni, Minnesota, readied the settlers in northwestern Iowa. 
Meetings were held immediately and military companies 
were organized. On September 9, 1862, there was approved 
an act passed by the Ninth General Assembly, then in extra 
session, authorizing the organization of a force of not less 
than five hundred mounted men from the counties most 
convenient for the protection of the northwest. Five com- 
panies were organized by S. R. Ingham, and they, together 
with the previously organized Sioux City cavalry company, 
were stationed at various towns in the northwestern part 
of the State. The men were kept busy during the fall 
and winter of 1862-1863 building block-houses at Correc- 
tionville, Cherokee, Peterson, Estherville, and Chain Lakes. 
These volunteer State troops were known as the Northern 
Border Brigade, and numbered about two hundred and 
fifty men under the command of James A. Sawyers. The 
Northern Border Brigade was ordered to be mustered out 
of State service on January 18, 1864, and to be disbanded 
on September 26, 1868.^^ 

A Southern Border Brigade was also organized in the 
autumn of 1862 for the purpose of protecting the people 
near the Missouri line. The Governor was instructed by 
the General Assembl3#on September 11, 1862, to muster a 
company of mounted volunteers in each of the counties 
constituting the southern tier in Iowa. This force of State 
troops was organized into four battalions with two com- 
panies in the first and second battalions and three in the 
third and fourth. Every day ten men were detailed from 
each company to police the border. The services rendered 
by the border brigade companies were of inestimable value ' 

"^0 Laws of Iowa, 1862 (Extra Session), pp. 1, 2; Annals of Iowa (Third 
Series), Vol. V, pp. 481, 482, 496, 500, 506; Beport of the Adjutant-General of 
Iowa, 1863, Vol. II, pp. 672-680, 1865, p. 838. 



ENLISTMENTS DURING THE CIVIL WAR 361 

not only in preventing raids from Missouri, but in protect- 
ing the property of loyal residents in the southern part of 
the State. These troops were raised and maintained en- 
tirely by the State. The Governor had given his oath to 
preserve peace in the State and had pledged himself to the 
Iowa soldiers in the camps and on the battle-fields of the 
South, fighting for liberty and country, that he would pro- 
tect their wives and children and their firesides during 
their absence.'^ ^ 

The militia law of the State was also amended at this 
time so as to abolish the distinction between volunteer and 
reserve militia, making it the duty of the entire population 
subject to military duty to organize immediately into com- 
panies of infantry, cavalry, or artillery that would meet the 
regulations of the United States army. Whenever it 
seemed necessary companies were to be organized into bat- 
talions and regiments. By the end of the year 1863 eighty 
companies had reported to the Adjutant-General and eleven 
more were in the process of organization. In July, 1864, 
Adjutant-General Baker ordered every man of military age 
to join a company of militia and designated the number of 
companies for each county — a total of 1203 companies. 
Responsible individuals and committees were appointed to 
organize the companies. When the (#^nized companies of 
a county were reported they were formed into battalions 
and regiments. By January 1, 1865, nine hundred and 
fourteen companies, seventeen regiments, and one bat- 
talion had been organized. Their chief function was to aid 
the provost-marshal.'^^ 

71 Laws of Iowa, 1862 (Extra Session), pp. 14-16; Eeport of the Adjutant' 
■ General of Iowa, 1863, Vol. I, p. xv, Vol. II, pp. 681-704; War of the Eelel- 

lion: Official Becords, Ser. Ill, Vol. IV, p. 638; loioa City Bepublican, October 
14, 1863. 

72 Laws of Iowa, 1862 (Extra Session), pp. 42, 43, 46; Beport of the Ad- 
jutant-General of Iowa, 1864, pp. vii, viii, 719, 1865, pp. vii-xiii, 870, 875, 883, 
«92, 906, 907. 



362 IOWA JOURNAL OF HISTORY AND POLITICS 



After the first day of May, 1863, in accordance with the 
conscription law passed by Congress on March 3, 1863, the 
enlistment of all volunteers, as well as the drafting of 
troops, was placed in the hands of the Provost-Marshal- 
General, James B. Fry, but all former rules and regulations 
of recruiting remained in force. The work of enrolling all 
persons subject to military duty began in May. On June 
15th President Lincoln issued a proclamation calling for 
six-months volunteers to repulse the northward drive of the 
Confederate forces into Pennsylvania. No quotas were as- 
signed under this call and only seven States responded — 
principally those threatened by the invasion. Governor 
Kirkwood promised to do what he could, but no troops were 
furnished from lowa."^^ 

Eecruiting in this State during the summer and fall of 
1863 resulted in the formation of the Eighth and Ninth 
Cavalry, the Fourth Iowa Light Artillery, and the First 
Iowa African Infantry. The formation of the Eighth Cav- 
alry had been authorized in April and the regiment was 
finally mustered into Federal service on September 1st. 
At the urgent request of Governor Kirkwood the organiza- 
tion of the Ninth Iowa Cavalry was approved on September 
7th, and the muster was completed on November 30, 1863. 
The place of rendezvous for both regiments was Camp 
Roberts near Davenport. The Fourth Artillery, numbering 
one hundred and fifty-two men rank and file, was mustered 
into United States service at Davenport on November 23, 
1863. The Governor of Iowa, having been often beset by 
persons desiring to raise a regiment of negroes, applied to 
the War Department and received permission on July 27, 
1863, to recruit as many colored companies as possible.'^* 

73 War of the Eelellion: Official Records, Ser. I, Vol. XXVII, Pt. 3, p. 164, 
Ser. Ill, Vol. Ill, pp. 179, 360, 361; Phisterer's Statistical Record, p. 5. 

74 Governor Kirkwood hesitated to ask for a colored regiment, because he 
feared that no sooner would a negro be enlisted than he would be claimed as a 



ENLISTMENTS DURING THE CIVIL WAR 



Colonel William A. Pile was assigned the task of raising 
the First Iowa African Infantry and instructed to rendez- 
vous at Keokuk. Six of the ten companies were recruited 
in Iowa out of a total negro population of probably less 
than 1500. The regiment was mustered on December 4, 
1863.'^^ 

In addition to recruiting the new units organized in Iowa 
during 1863 the campaign to fill the depleted ranks of old 
regiments was continued. The War Department ordered 
that volunteers for three years would be accepted during a 
period of ninety days after June 25, 1863."^^ Special in- 
ducements to reenlist were offered to soldiers who had 
served nine months and whose terms of enlistment were 
about to expire — the force so recruited to be designated 
the Veteran Volunteers. Enlistments under this order 
were accredited to the respective States in the same man- 
ner as other enlistments. In an appeal for volunteers for 
the veteran regiments Governor Kirkwood explained that a 
recruit would have the satisfaction of belonging to a regi- 
ment (any he might choose), which had earned a reputa- 
tion ; he would serve under officers experienced in the needs 
of their men ; and, by the time the term of service of the old 

slave. As to tlie policy of enlisting men of African descent, however, Kirk- 
wood felt that the war would in any event '^give freedom to thousands of them 
who have been slaves and if they are willing to pay for their freedom by 
fighting for those who make them free I am entirely willing they should do so 
and thus save the lives of our own dear friends who have gone and who must 
yet go to the field." — ^ Kirkwood 's Military Letter BooJc, No. 6, p. 239. 

•^^Boster of Iowa Soldiers, Vol. IV, pp. 1507, 1643, Vol. V, pp. 1585, 1785; 
War of the Eelellion: Official Records, Ser. Ill, Vol. Ill, pp. 563, 591, 711, 
736, 873. The officers were to be commissioned by the President upon nomina- 
tion by the Governor. The pay of officers was to be the same as that of other 
officers in the volunteer service, but the enlisted men received only ten dollars 
a month. No bounty was paid, but the State received credit against future 
drafts.— War of the Eelellion: Official Eecords, Ser. Ill, Vol. Ill, pp. 576, 591. 

76 In September the time was extended to December 1, 1863.— Eeport of the 
Adjutant-General of Iowa, 1864, p. 713. 



364 IOWA JOURNAL OF HISTORY AND POLITICS 



members of the regiment expired, he would have become 
eligible for promotionJ"^ 

As soon as the enrollment of all men liable to military 
duty had been made the proportion of troops furnished by 
each district was determined, and an account of military 
service was opened by the United States government with 
each locality. Credit was given to each State for all troops 
previously enlisted and a charge was made for all men still 
due under previous quotas. Not only were numbers taken 
into consideration but the length of service as well — that 
is, one volunteer for three years service balanced three for 
one year. This was a point which Governor Kirkwood and 
Adjutant-General Baker insisted upon from the beginning, 
because every Iowa regiment, except the First, had entered 
the service for three years. Figured on this basis the rec- 
ords in the War Department on June 11, 1863, showed 
13,897 men to the credit of Iowa in excess of all calls. The 
sum of the quotas assigned to Iowa during the first two 
years of the war amounted to 32,528 men on the three-year 
service basis, and 46,425 had actually been furnished.'^^ 

Enrollment proceeded more rapidly in some districts 
than in others ; and so instead of calling a fixed number of 
men from each locality one-fifth of the enrolled population 
was drafted. No general proclamation was issued, because 
it was thought that there would be less opposition if the 
draft was made quietly. The number of men due from 

Eeport of the Adjutant -General of loiva, 1864, pp. 704, 705; Shambaugh 's 
Messages and Proclamations of the Governors of Iowa, Vol. II, p. 521. 

78JFar of the Behellion: Offlcial Eecords, Ser. Ill, Vol. Ill, pp. 193, 746, 
787, Vol. V, pp. 616, 642. The quota assigned to Iowa by the War Department 
under the calls of 1861 was 19,316 men, inasmuch as 548,184 troops were raised 
instead of the 500,000 called. Adjutant-General Baker insisted that the quota 
should have been figured on the basis of 500,000 and that therefore Iowa's 
share should have been 17,617, or 1699 less than the Federal authorities an- 
nounced. His contention, however, was not admitted. — War of the Bedellion: 
Offlcial Eecords, Ser. Ill, Vol. IV, p. 464. 



ENLISTMENTS DURING THE CIVIL WAR 



Iowa to meet the requirements of the draft of 1863 totaled 
12,616, but excess credits for troops previously furnished 
not only cancelled the draft quota but left a credit of 1281J^ 
On the seventeenth of October, however, the President, in 
view of the fact that the term of service of part of the vol- 
unteer forces would expire during the coming year, issued 
a proclamation calling for 300,000 volunteers to enlist in 
the regiments in the field for three years or until dis- 
charged. If any State failed to raise the quota assigned a 
draft would be levied on January 5, 1864, to supply the de- 
ficiency. Credit was given for all volunteers and deducted 
from the quotas of future drafts. Iowa's quota for this 
call was 8910 men, but provision was made that in case a 
draft was necessary the quota would be reduced to 7629 by 
subtracting 1281, the excess over all former calls.^^ 

Provost-Marshal-General James B. Fry reported on Jan- 
uary 30, 1864, that the disposition of the North to engage in 
the war appeared to be better than at any time since the 
first year of the struggle. States and counties were ac- 
tively raising troops with the hope of conquering the Con- 
federates before it would be necessary to submit to a 
general draft. The President was urged to order a draft 
of 500,000 men, to be commenced on March 10, 1864, in all 
localities which had not filled their quotas by March 1st. 
This call included the 300,000 volunteers asked for on 
October 17, 1863, and all the men raised by the draft of 
1863. The order was issued by President Lincoln on Feb- 
ruary 1, 1864.81 

79 The draft of 1863 failed to produce the desired number of recruits. Out 
of 292,441 names drawn, 252,564 were examined and of these 164,394 were 
exempted. Of the 88,170 held for service 26,002 furnished substitutes, and 
9880 personally enlisted, while 52,288 secured exemption by paying $300 com- 
mutation. — War of the BehelUon : Official Eecords, Ser. Ill, Vol. V, p. 626. 

80 War of the BehelUon: Official Eecords, Ser. Ill, Vol. Ill, pp. 865, 892, 
904, Vol. V, pp. 624, 625. 

81 War of the BehelUon: Official Becords, Ser. Ill, Vol. IV, pp. 57, 59. 



366 IOWA JOURNAL OF HISTORY AND POLITICS 



AVlien news of the new requisition of troops reached 
Adjutant-General Baker he telegraphed to the President: 

There will be no draft in Iowa. You shall have our quota 
without it. We are coming, Father Abraham, with 500,000 
more.'' Governor William M. Stone issued an appeal for 
volunteers to augment the thinned ranks of the Union 
forces, and to lessen the carnage and to curtail expend- 
itures by hastening the dawn of peace. At all hazards 
there ^'must be no draft in Iowa'\ proclaimed the Gov- 
ernor. '^The honored name our brave boys, through years 
of toil and danger, have won for the State, must not be 
tarnished by us, in the closing scenes of the war." The 
fratracidal conflict seemed to have spent its force — the 
' ' storm has spent its fury, but the clouds are not dispelled. 
The faithful sentinel upon the national watch-tower, has 
told us of the night, and let us heed his warning." The 
Governor pointed out that it would be ^^far better for any 
man to furnish two hundred dollars, in the form of bounty 
to others than to pay three hundred dollars for his own ex- 
emption." The fact that all troops raised under this call 
would be distributed among the old regiments was espe- 
cially emphasized because the casualties of battle were 
always greater in new than in old regiments, and further- 
more, the veteran soldier knew how to mitigate many of the 
hardships of war. Surely the young men of Iowa would 
not ^'desire the sublime history of this great drama to be 
completed with their names unwritten upon its pages. 

But there are always some men who, as they strive for 
personal aggrandizement, fail to realize their obligation to 
mankind. So it was in February, 1864. In the midst of 
winter, months in advance of the season when vegetation 

82 TFar of the Be'bellio7i: Official Becords, Ser. Ill, Vol. IV, p. 72; Sham- 
baugh's Messages and Proclamations of the Governors of Iowa, Vol. Ill, pp. 
208-211. 



ENLISTMENTS DURING THE CIVIL WAR 



would appear on the plains, large numbers of men qualified 
for military duty were planning to leave their comfortable 
homes and incur the privations of a journey across the 
barren plains of the West to seek gold in the Rocky Moun- 
tains. But the plain object of the westward hegira was to 
avoid the impending draft. Governor Stone believed such 
men were abundantly capable of shouldering muskets, so he 
forbade ^'all citizens of Iowa removing beyond the limits of 
the State, before the 10th day of March next."^^ 

The quota assigned to Iowa for these combined calls was 
16,097, in lieu of all the previous calls after August 4, 1862. 
Under this arrangement all credits which had been con- 
sumed by the calls of 1863 were renewed and increased by 
the enlistments during the summer and fall of 1863. Ac- 
cording to a corrected report of the War Department, 5906 
men had enlisted from Iowa between May 26, 1863, and the 
first of January, 1864. During January and February, 
1864, there were added 3490 more new volunteers, while by 
March 1st 4819 veterans had reenlisted. The volunteer ac- 
count of the State of Iowa on March 1, 1864, stood: total 
quotas, 48,625; total men furnished, 60,640; credit due, 
12,015. There was no draft in Iowa on March 10, 1864.^* 

But no sooner had the people of this State heaved a sigh 
of relief than a new draft of 200,000 men w^as ordered on 
March 14, 1864, principally to recruit the navy and provide 
an adequate reserve force. April 15, 1864, was the date 
designated as the limit of the time within which localities 
might fill their quotas by voluntary enlistment: the draft 

83 Shambaugli 's Messages and Proclamations of the Governors of Iowa, Vol. 
Ill, pp. 211-213. 

8iBeport of the Adjutant-General of Iowa, 1864, p. 759, 1865, pp. 1393, 
1394. After credit began to be allowed, the regimental rolls of other States 
were carefully scanned to find men claiming residence elsewhere. In this way 
Iowa received credit for 992 men serving in Missouri regiments. — War of the 
Behellion: Official Records, Ser. Ill, Vol. IV, p. 177. 



368 IOWA JOURNAL OF HISTORY AND POLITICS 



was to begin as soon afterward as practicable. By April 
15, 1864, the Adjutant-GeneraPs records showed the re- 
enlistment of 1710 veterans since the first of March, and by 
the end of April 3032 new volunteers had entered the ranks 
in two months, making a total credit of 16,757 to meet a 
quota of 6439. The necessity for a draft was once more 
removed: on May 1, 1864, Iowa had an excess of 10,318 
over all calls.^^ 

As the time for the summer campaign approached in 
1864, loyal people all over the Nation seemed to turn with a 
firm and steadfast resolution to the business of ending the 
war. The determination to fight it out was especially no- 
ticeable on the part of the veteran soldiers. ^ ' The men who 
have battled for two years and more and conquered or held 
at bay the enemy at every point, have made up their minds 
to see the war through'^, wrote the editor of a newspaper. 

Among them there is no flinching, no discouragement. 
Kings, feudal lords and slave holding aristocracies have 
kept their subjects and retainers in the field by force and 
fear ; but our 600,000 come forward voluntarily and renew 
the oath which binds them to finish the job. Was ever a 
more sublime spectacle f"^^ The Governors of Ohio, Indi- 
ana, Illinois, Wisconsin, and Iowa petitioned the President 
to allow them to raise eighty-five regiments of infantry to 
serve for one hundred days in fortifications, guarding the 
border and military bases, or wherever their services were 
required, the object being to free every available veteran 
for active service in the summer campaign. Iowa's share 
was ten regiments. After consulting General U. S. Grant 

85 War of the Eelellion: Official Records, Ser. Ill, Vol. IV, p. 181; Report 
of the Adjutant-General of Iowa, 1864, p. 1394. 

86 During the winter of 1863-1864 over 136,000 men in tlie Union army re- 
enlisted for three years. — War of the Eehellion: Official Records, Ser. Ill, Vol. 
V, p. 649. 



ENLISTMENTS DURING THE CIVIL WAR 



and Secretary Stanton, President Lincoln accepted the pro- 
posal and directed that it be carried into execution on April 
23, 1864. The troops were to be ready within twenty days. 
No bounty was paid to or credit received for hundred-day 
men.^^ 

On May 3rd Governor William M. Stone of Iowa tele- 
graphed to the Secretary of War: ^^lowa is all right. The 
10,000 are coming rapidly. We intend to beat Illinois and 
Indiana. Hurry up arms and clothing." One regiment 
was to rendezvous at Keokuk, the others at Davenport. 
The following day Secretary Stanton telegraphed: ^'Orders 
for arms and clothing for your troops are issued. Thanks 
for your promptness.'' Governor Stone appealed to those 
''who heretofore have been unable to participate in the 
stirring scenes of this war" to rescue the country from the 
horrors of protracted war. Fresh laurels were to be won 
and more glory achieved for Iowa. Adjutant-General 
Baker issued a circular letter in which he stated that al- 
though ''Iowa is far ahead of all requisitions made upon 
her for troops, she is ready to make further sacrifices in 
the holy cause in which the Government is engaged. She 
volunteers again in defense of the flag which has protected 
her citizens and her rights. 

"Let lowans promptly meet this call. Let the old men 
be active in the good cause, and let the young men teach 
their seniors that they can equal them. Let the old and 
young, men and women, wife and maiden, vie with each 
other in their exertions to send troops to the field to enable 
the veterans of Iowa and other States to mass their in- 
vincible cohorts on the columns of the enemy. 

»T Anamosa EureTca, February 5, 1864; War of the Eebellion: Oficial Bec- 
ords, Ser. Ill, Vol. IV, pp. 237-239. 

88 War of the BelelUon: Official Records, Ser. Ill, Vol. IV, pp. 257, 260, 
261; Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
Ill, pp. 214, 215; Beport of the Adjutant-General of Iowa, 1865, pp. 918, 919. 

VOL. XV — 25 



370 IOWA JOUllNAL OF HISTORY AND POLITICS 



Tlie chief difficulty in raising the hundred-days men was 
encountered in copperhead'' counties and townships, 
which were already behind on former quotas. Governor 
Stone was anxious that these unfriendly sub-districts 
should ^'come to time" and asked permission to institute 
the draft, but the United States authorities were compelled 
to refuse, because the hundred-days regiments had been ac- 
cepted with the express provision that they should not be 
drafted. The Governor would not advise a draft of three- 
year men in these disloyal districts, because the State as a 
whole was ahead of its quota on all regular calls. It soon 
became evident that 10,000 troops could not be recruited 
from Iowa in twenty days, nor in forty.®^ At best only four 
regiments and one battalion could be raised — the Forty- 
fourth, Forty-fifth, Forty-sixth, and Forty-seventh Regi- 
ments, and the Forty-eighth Battalion. The Forty-fourth 
and Forty-seventh Iowa Infantry rendezvoused at Camp 
Kinsman near Davenport and were mustered in on June 
1st and 4th, respectively. The Forty-fifth was sent into 
camp at Keokuk and mustered on May 25th. Camp Mc- 
Clellan near Davenport was designated as the rendezvous 
of the Forty-sixth Regiment, and there it was mustered 
into Federal service on June 10, 1864. The Forty-eighth 
Iowa Infantry Battalion was also mustered in at Daven- 
port on July 13, 1864, and assigned to guard duty at the 
prison on Rock Island.^^ 

Almost every age, nationality, and profession were rep- 
resented in the companies of hundred-days men that were 

89 The time was extended to May 30th. — Beport of the Adjutant-General of 
Iowa, 1865, p. 922. 

QoBoster of Iowa Soldiers, Vol. V, pp. 1203, 1287, 1373, 1457, 1541; War of 
the Eehellion: Official Eecords, Ser. Ill, Vol. IV, pp. 284, 287, 288. 



ENLISTMENTS DURING THE CIVIL WAR 371 

formed.^^ The service they rendered helped to shorten the 
war none the less because of the brief period of their ser- 
vice. On October 1st President Lincoln issued a special 
executive order expressing his thanks for the effective ser- 
vice of the men who had enlisted for one hundred days. 
'^On all occasions, and in every service to which they were 
assigned, their duty as patriotic volunteers was performed 
with alacrity and courage, for which they are entitled to 
and are hereby tendered the national thanks ''.^^ 

Probably to relieve the hardships of conscription. Con- 
gress passed a law on July 4, 1864, providing that there- 
after men should be drafted for a term of only one year. 
The President w^as allowed to call for any number of vol- 
unteers at any time to serve for one, two, or three years as 
they might elect, and if the quota of any district was not 
filled in fifty days the deficit was to be filled immediately by 
draft. On July 18, 1864, President Lincoln called for 
500,000 volunteers, with the proviso that the number should 
be reduced by all credits theretofore earned. If the quota 
of any town, township, ward of a city, precinct, or election 
district, or county not so subdivided was not filled by vol- 
unteers by September 5th, a draft would be instituted. For 
Iowa the quota was 15,784, but credits for the excess of 
volunteers on previous calls reduced the number to 5749. 
In response to this call Iowa actually furnished 3995 men 
for one year, 60 for two years, and 168 for three years, 
while 67 paid commutation — a total of 4290. Of these 

»i There are records of a company of students from the State University, a 
company of Germans, and a company of middle aged men, while a large num- 
ber came from the rural districts. Consent of parents was not necessary for 
the enlistment of minors over eighteen. — Burlington Daily Eawlc-Eye, May 13, 
September 13, 1864; Anamosa EureTca, May 13, 1864; Beport of the Adjutant- 
General of Iowa, 1865, p. 922; War of the Eelellion: Official Records, Ser. Ill, 
Vol. IV, p. 637. 

I 92 War of the Bebellion: Official Becords, Ser. Ill, Vol. IV, pp. 755, 756. 



372 IOWA JOURNAL OF HISTORY AND POLITICS 



probably 3900, including substitutes and representative re- 
cruits, were drafted. Although permission was granted 
from time to time to organize new companies and regi- 
ments, these units never materialized and all the troops 
obtained were sent into old regiments. The War Depart- 
ment issued a circular in July, 1864, permitting hundred- 
days volunteers who had served more than forty days to re- 
enlist for one, two, or three years. Whenever seven hun- 
dred men should reenlist in the regiment to which they be- 
longed the old regimental organization was to be retained. 
When the term of enlistment had expired Adjutant-General 
Baker requested all hundred-days men to reenlist in the 
United States service, and Governor Stone obtained author- 
ity to form a new regiment of infantry from the discharged 
men. The organization of this regiment was never accom- 
plished, however, and indeed only a few of the hundred- 
days men from Iowa ever reenlisted.^^ 

It was known that aside from losses incident to cam- 
paigns the army would be reduced very greatly in 1865 by 
the expiration of enlistments. Furthermore, the call for 
500,000 troops in July, 1864, was so reduced by allowing 
credits that it yielded only 280,000 men. To maintain the 
effective strength of the army the President was compelled 
to issue a final call for 300,000 volunteers on December 19, 
1864. In case quotas were not filled within the allotted 
fifty days a draft would be instituted on February 15, 1865. 
After considerable correspondence, and nearly a quarrel 
between Adjutant-General Baker and Provost-Marshal- 
General Fry, Iowa's quota and credits were so adjusted 
that the State was relieved of all obligation to furnish any 
men under the call of December 19, 1864. Upon the sug- 

93 War of the Eehellion: O^/ficial Eecords, Ser. Ill, Vol. IV, pp. 515, 516, 519, 
541, 761, 1035, 1036; Eeport of the Adjutant-General of Iowa, 1865, pp. 924, 
928, 929, 1866, p. 457. 



ENLISTMENTS DURING THE CIVIL WAR 



gestion of James B. Fry, however, enlistment was con- 
tinued and 854 men were furnished by this State in 1865. 
On April 29, 1865, the War Department ordered all re- 
cruiting to cease and all volunteers, drafted men, and sub- 
stitutes who remained in rendezvous to be mustered out. 
The war was over.^^ 

When the data on calls, quotas, credits, and men fur- 
nished for the Union armies was compiled, the records of 
the War Department showed that Iowa had been called 
upon for 79,521 troops and had furnished 76,242. Sixty- 
seven men paid commutation. The report of Adjutant- 
General Baker showed that 75,225 enlisted men were re- 
ported to the War Department, while 2834 had not been 
reported, making the total number of men furnished 
78,059. Less than 4000 men, including substitutes, were 
drafted in Iowa. While these figures would seem to indi- 
cate that Iowa had not contributed its full share of men to 
the war, it must be remembered that all the volunteers up 
to June, 1864, except those composing the First Regiment, 
were enlisted for three years. If the total quota were re- 
duced to a three-year basis it would amount approximately 
to only 61,220,^^ while the aggregate number of men fur- 
nished computed on the same standard amounts to 68,630. 
Furthermore, the statistics are based upon the number of 
enlistments and not on the number of individuals who 
served in the war, so that all who reenlisted have been 
counted twice. Therefore, in comparing the number of men 
Iowa furnished with the number from other States, the fact 
that most of the volunteers from this State enlisted for 

QiJVar of the EehelUon: O^cial Becords, Ser. Ill, Vol. IV, pp. 567, 590, 
1002, 1063; Beport of the Adjutant-General of Iowa, 1866, pp. 100, 101. 

95 This figure includes the hundred-days men who were technically only of- 
fered to the government and were not required. No credit was allowed for 
them toward satisfying the volunteer quotas. 



374 IOWA eTOURNAL OF HISTORY AND POLITICS 



three years, whereas the enlistments elsewhere were often 
for shorter periods, would decrease the percentage of re- 
enlistments from this State and thereby increase the pro- 
portion of men actually furnished. The population of Iowa 
was 674,913 in 1860. If only 60,000 individuals were sent to 
the front, Iowa contributed approximately nine per cent of 
its population ; while if only those liable to military service 
are considered the per cent is increased to over forty- 
three.^^ 

A proclamation issued by Governor William M. Stone on 
J anuary 23, 1865, after it was learned that Iowa was placed 
beyond the liability of a draft, reads like a benediction. 
He reminded the people that they were relieved only of 
present demands, that they would not be fully exempt until 
the war should terminate, and advised all able-bodied men 
to avail themselves of the opportunity of assisting the gov- 
ernment in dealing the finishing blows to the Confederacy. 
*^We congratulate you'', he wrote, ^^upon a result alike 
creditable to you and gratifying to the State authorities". 
The Governor was proud to reflect that ^'patiently submit- 
ting to all the embarrassments attending a crisis like the 
present, you have sustained the Government in disaster 
and success with unfaltering devotion and fearlessly vindi- 
cated its policy against all enemies and traducers. Prouder 
still is the record of your military deeds. Among the first 
to rally in vindication of our insulted flag, your soldiers 
have been constantly in the front, performing the longest 
marches, participating in the severest battles, and bearing 
themselves on all occasions with the most conspicuous gal- 
lantry. Secure in the admiration of a grateful country, our 
State has won a high place in the pages of history. With 

96 War of the EeielUon: Official Records, Ser. Ill, Vol. Ill, p. 787, Vol. IV, 
p. 1269; Eeport of the Adjutant-General of Iowa, 1866, pp. 457, 469; Eighth 
Census of the United States, 1860, Vol. I, pp. iv, xvii. 



ENLISTMENTS DURING THE CIVIL WAR 



this wicked rebellion rapidly tottering to its end and the 
glorious work of universal emancipation so near its final 
accomplishment, we may begin to anticipate the blessings 
of an honorable peace, the glory of a country reunited, pros- 
perous, and happy, and of a Grovernment which guarantees 
liberty and justice to all.'' Nor did Governor Stone forget 
the ^^many thousands of brave men who in distant States 
are still bearing our banner toward the enemy''. He closed 
with the hope that we would ^^do our duty at all times and 
in all seasons, under all calls, and under all demands of the 
General Government, and we shall show the world that 
although treason and rebellion may flourish for a season, 
that its ultimate doom is defeat, disaster, disgrace, and 
humiliation. ' ' ^'^ 

BOUNTIES AND PEEMIUMS FOE VOLUNTEERS 

Of all the inducements held out to prospective volunteers 
bounties were probably the most effective encouragement 
for enlistment. From the days of the Revolution to the war 
with Spain in 1898, the United States followed the practice 
of paying a bonus to every volunteer for military service 
instead of providing adequate pay : the result was enormous 
expense, inferior soldiers sometimes inspired by mercenary 
motives, enlistments retarded by the hope of increased 
bounty, discrimination against rural communities, bounty 
jumping, and desertion. Some of the antiquated Federal 
bounty laws existing at the outbreak of the Civil War were 
repealed on August 3, 1861, but two dollars a month addi- 
tional pay for five years was still allowed soldiers who re- 
enlisted and one dollar a month more was paid for each 
additional five-year period.^^ 

97 War of the Behellion: Offlcial Eecords, Ser. HI, Vol. IV, pp. 1072, 1073. 

98 Huidekoper 's The Military Unpreparedness of the United States, pp. 11, 
147, 148, 163; War of the Behellion: Official Eecords, Ser. Ill, Vol. I, pp. 20, 
398; United States Statutes at Large, 1st Session, 33rd Congress, Ch. 247. 



376 IOWA JOURNAL OF HISTORY AND POLITICS 



The general orders issued on May 4, 1861, for the Organ- 
ization of the volunteers under the call of May 3rd pro- 
vided a bounty of $100 for every volunteer when he was 
discharged. Wounded volunteers were entitled to the same 
benefits as were accorded soldiers in the regular army, 
while the heirs of those who died or were killed would re- 
ceive $100. These bounty regulations were enacted into 
law by the act of Congress approved on July 22, 1861, 
authorizing the President to call 500,000 volunteers. Some 
men no doubt enlisted with the anticipation of pocketing 
the $100 when they were discharged, but that event was so 
indefinitely remote and the immediate need of funds so 
urgent with most volunteers that this first bounty probably 
had slight effect upon recruiting. General W. T. Sherman 
is authority for the statement that the men who were 
prompted to volunteer at the beginning of the war by the 
spirit of loyalty and patriotism were the best of soldiers — 
better than the bounty-paid gamblers, better than the con- 
scripts, and far better than the paid substitutes that filled 
the ranks in the later years. No bounties were offered by 
the State of Iowa during the entire war, and those raised 
by counties, cities, or private subscription in 1861 were 
rare. A legitimate use of a bounty would have been the 
protection of dependent families, but they needed food and 
clothing at once and not at some future period. In Iowa 
authority was granted to counties and cities to care for de- 
pendent families of volunteers. For the purpose of dis- 
tributing funds committees were appointed and companies 
of home guards were organized. Thousands of dollars were 
spent annually for the comfort of those who had sent their 
sons and husbands to the front.^^ 

99 Huidekoper's The Military Unpreparedness of the United States, p. 148; 
War of the Behellion: Official Hecords, Ser. Ill, Vol. I, pp. 153, 154, 382; 
State Press (Iowa City), February 5, 1862; Laws of Iowa, 1861 (Extra Ses- 



ENLISTMENTS DURING THE CIVIL WAR 



377 



No sooner had the policy of paying bounties been adopted 
than the States, desirous of stimulating recruiting, began 
to outbid the Federal government. Enormous sums were 
paid in bounties by States and cities and what is more, 
local bounties were paid uniformly in advance. While such 
a plan met the needs of dependent families it also led di- 
rectly to the mischievous business of desertion, becoming 
instead of an inducement to enlistment actually an induce- 
ment to desertion and fraudulent reenlistment. Designing 
persons claiming to be recruiting officers from other States 
invaded Iowa and, by promising higher pay and larger 
bounties, inveigled many men to unite with outside organ- 
izations. Most of these inducements were extended under 
false pretenses and the volunteers, after depriving their 
own State of their services, found themeslves forced into 
disagreeable service. In October, 1861, Governor Kirk- 
wood ordered that no resident of Iowa should enlist for 
military service in another State and prohibited all re- 
cruiting except as authorized by Iowa or the United States 
government. 

In order to compete with local bounties Congress, in 
1862, made the first month's salary of a recruit payable in 
advance, and on July 7th of the same year, upon the urgent 
request of William H. Seward, Secretary of State, the War 
Department issued orders to pay $25 of the $100 bounty at 
the time of muster. Still another means of stimulating en- 

sion), pp. 3, 31; Oldt's History of Duhuque County, Iowa, pp. 261, 262. The 
report of tlie relief committee in Johnson County showed that eighty-one fami- 
lies were aided up to February, 1862, and a total expenditure of $1029.60 was 
made. The War Department made arrangements whereby soldiers could direct 
the paymaster's department to send home part of their pay. Furthermore, 
after September, 1861, soldiers were paid in treasury notes to facilitate sending 
money by mail. — War of the Eehellion: Official Becords, Ser. Ill, Vol. I, pp. 
479, 527, 528. 

100 Huidekoper's Military Unpreparedness of the United States, pp. 147, 149; 
Beport of the Adjutant-General of Iowa, 1863, Vol. II, pp. 750, 751. 



378 IOWA JOURNAL OF HISTORY AND POLITICS 



listments was devised in 1862. A premium of two dollars 
was paid to any person for every recruit obtained, or if the 
volunteer presented himself in person the premium was 
payable to him.^^^ 

The call for 300,000 volunteers on July 2, 1862, was in- 
tended to fill up old regiments, but instead a large number 
of new units were organized. The States were more con- 
cerned with obtaining a large number of volunteers than in 
placing them where they would do the most good. The 
raising of the premium to three and later to four dollars as 
an inducement for volunteers to join old regiments had little 
effect. After it was decided to begin to draft men on Sep- 
tember 3, 1862, the payment of bounties to volunteers for 
new regiments was discontinued after August 15th and for 
old regiments after September 1st, but on September 16th 
bounties were ordered to be paid indefinitely to volunteers 
for old regiments (those organized prior to July 1, 1862). 
On October 6th the same privilege was extended to regi- 
ments, batteries, and companies specially authorized by the 
War Department. General Orders No. 163, issued on June 
4, 1863, caused the resumption of the payment of bounties to 
all volunteers. 

The inherent evils of the bounty system began to appear 
prominently in 1862. The rivalry between cities and coun- 
ties to fill up the required quotas before the draft began — 
and this situation was chronic during the entire war — 
caused wealthy men to subscribe large sums to provide 
bounties. The citizens offered thirty-five dollars to every 
man who would join an Anamosa company, which with the 

^01 War of the Behellion: Official Becords, Ser. Ill, Vol. II, pp. 186, 206, 
207. The State of New York had offered a two-dollar premium for each en- 
listment in the summer of 1861. — War of the Behellion: Official Becords, Ser. 
Ill, Vol. I, pp. 452, 465. 

102 War of the Behellion: Official Becords, Ser. Ill, Vol. II, pp. 380, 381, 
550, 651, 934, Vol. Ill, p. 251, Vol. V, p. 793. 



ENLISTMENTS DURING THE CIVIL WAR 379 

first month's pay, a two-dollar premmm, and the twenty- 
five-dollar Federal bounty amounted to seventy-five dol- 
lars. In Burlington a number of people contributed 
twenty-five or fifty dollars to a bounty fund. Moreover, the 
board of supervisors of Des Moines County voted $4000 for 
additional bounties to volunteers enrolled before Septem- 
ber. The supervisors of Clinton County paid a bounty of 
seventy-five dollars to every resident volunteer, with the 
result that nearly three companies were raised in a week. 
In Johnson County, where the bounty was only fifty dol- 
lars, the sum of $43,275 was paid to volunteers by December 

I, 1862. Governor Kirkwood advised the General Assem- 
bly to provide for a State bounty in September, 1862, but 
the only action was to legalize county bounties. There is 
no denying that enlistments in Iowa exceeded the quotas in 
the second year of the war, but the troubles that were un- 
loosed by the local bounties far surpassed those which 
emanated from Pandora's notorious box. Many men 
rushed to the colors wherever they could obtain the largest 
bounties, so that large cities and wealthy counties drained 
the surrounding country and received credit for volunteers 
who had their residence elsewhere. Then when the draft 
was ordered the rural districts and backward counties were 
compelled to furnish men in place of those for whom credit 
should have been received in the first instance. Lawyers 
prospered. G. W. Field of Anamosa advertised that he 
enjoyed unusual facilities for recovering back pay and 
bounties. 

The enrollment act of March 3, 1863, established a bounty 
of $50 for all volunteers or members of the militia who 

103 Anamosa Eureka, August 1, 1862, July 17, 1863 ; Burlington Daily HairJc- 
Eye, July 22, August 1, 21, 1862; loiva City Eepuhlican, December 10, 1862; 
Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 

II, p. 315; Laws of Iowa, 1862 (Extra Session), pp. 37, 38; War of the Be- 
hellion: Official Becords, Ser. Ill, Vol. IV, pp. 637, 638. 



380 IOWA JOURNAL OF HISTORY AND POLITICS 



would reenlist in the Federal service for one year and the 
regular bounty of $100 for a two-year reenlistment. But 
the greatest financial boon to volunteers came June 25, 
1863, when the Veteran Volunteer Army was created. To 
all volunteers who had served nine months and who would 
reenlist for three years there was offered one month's ad- 
vance pay, a two-dollar premium, and a bounty of $400 pay- 
able in $25, $50, and $75 installments.^^* The explanation 
of such generosity is that enormous sums of commutation 
money — $300 from every drafted man who could obtain 
exemption from active service in no other way — became 
available with which to buy volunteers. In October the 
bounty for a raw recruit in an old regiment was raised to 
$300, and at the same time the premium offered for volun- 
teers was increased to $15 for one without military experi- 
ence and to $25 for a veteran.^^^ 

Toward the end of the year 1863 it was decided to sus- 
pend payment of all bounties after J anuary 5, 1864, except 
the $100 amount authorized by law, and a Congressional 
joint resolution to that effect was approved on December 
23, 1863. The news of this action had such a disastrous 
effect upon recruiting, however, that Congress was induced 
to continue the large bounties until April 1, 1864. More- 
over, the $300 bounty to new recruits was paid for joining 
a new as well as an old regiment. On January 11, 1864, the 
payment of the two-dollar premium was annulled, but the 
premiums of ten and fifteen dollars were continued until 

104 Later the amounts of the installments were changed so as to allow sev- 
enty-five dollars at the time of muster. — War of the Eehellion: Ofjficial Bec- 
ords, Ser. Ill, Vol. Ill, p. 844. 

105 War of the Eehellion: Official Records, Ser. Ill, Vol. Ill, pp. 91, 414, 415, 
827, 828, Vol. V, pp. 794, 798. These premiums remained in force until March 
1, 1864, when they were reduced to ten and fifteen dollars, respectively, for 
new recruits and veterans. — War of the Eehellion: Official Eecords, Ser. Ill, 
Vol. V, p. 794. 



ENLISTMENTS DURING THE CIVIL WAR 



July 19, 1864. The General Assembly legalized all taxes 
levied by counties to meet appropriations for the payment 
of bounties and for the support of dependent families of 
volunteer s.^^^ 

The last change in the Federal bounty was made in con- 
formity to the law of July 4, 1864, which authorized enlist- 
ments of one, two, and three years. The bounty for a one- 
year term was fixed at $100, for two years at $200, and for 
three years at $300, one-third payable at the time of mus- 
ter, one-third when half the term had expired, and one- 
third when the volunteer was discharged. The final calls 
for troops having been filled, all bounties were discontinued 
after July 1, 1865.i<^^ 

From the beginning of the war until June 30, 1865, Con- 
gress appropriated $37,500,000 to pay advance bounty to 
volunteers and of that amount $26,203,981.18 was expended. 
The whole amount of commutation money received by the 
United States was $26,366,316.78 ($22,500 commutation 
money was paid in Iowa, the smallest amount of any State 
except Illinois) and $16,976,211.14 was disbursed by Janu- 
ary 1, 1866, on account of enrollment, draft, and the 
procuration of substitutes. The total cost of bounties dur- 
ing the war in Iowa was $1,615,171.20 — nearly $21.17 for 
every enlistment, above what the Federal government paid. 
And all of the expense and trouble of providing bounties 
might have been avoided by paying the soldiers living 

106 War of the Be'belUon: Official Eecords, Ser. Ill, Vol. Ill, pp. 1189, 1194, 
Vol. rV, pp. 21, 30, 154, Vol. V, p. 794; Laws of Iowa, 1864, p. 36. 

107 War of the Behellion: Official Records, Ser. Ill, Vol. IV, pp. 472, 473, 
Vol. V, p. 55. On June 15, 1864, bounty privileges were extended to negroes 
who were free on April 19, 1861. From November 28, 1864, to the end of the 
war a special bounty of $300 was paid to men enlisting in the First Army 
Corps.— TFar of the Behellion: Official Eecords, Ser. Ill, Vol. V, pp. 659, 660, 
672. 



;58L^ IOWA JOURNAL OF HISTORY AND POLITICS 



wages and establishing a system of conscription that actu- 
ally drafted instead of merely threatening. 

THE DRAFT IN IOWA 

Written into the organic law of the land and recognized 
by all well organized governments is the principle that 
every citizen owes military service to his country in time of 
war. There are two methods of inducing men to meet their 
military liability: the voluntary system, which depends 
upon the pride and loyalty of the people; and the com- 
pulsory system, whereby the government compels men to 
perform their duty. The United States in theory has al- 
ways believed in the volunteer system, but in each of the 
great wars it has been necessary to resort to compulsory 
service. Of compulsory service there are two types : con- 
scription and universal training. The one is the temporary 
selection of a class of men to meet a particular emergency, 
the other is a permanent policy of compelling every male 
citizen to become proficient in the profession of war. Con- 
scription involves a two-fold process, the enrollment of all 
available men for military duty and the selection or draft- 
ing of those who are needed. Compulsory service in the 
Union armies of the Civil War began in the autumn of 1862 
by means of a draft conducted by the States, but not until 
the following spring was adequate provision made for en- 
rollment and draft by Federal authorities. 

The great fault of the volunteer system is the failure to 
produce sufficient troops at the strategic time. In August, 
1862, men were needed for the old regiments, so President 
Lincoln ordered each State to draft men for that purpose 

108 War of the Behellion: Official Eecords, Ser. Ill, Vol. V, pp. 683, 684, 748, 
749, 795. 

109 United States Constitution, Art. I, Sec. VIII, Par. 15; Constitution of 
Iowa, Art. VI. 



ENLISTMENTS DURING THE CIVIL WAR 383 

if they could not be obtained as volunteers. September 3rd 
was set as the date on which the draft was to begin. In the 
meantime the whole machinery for making the draft had to 
be created. For the benefit of the States in which there was 
no conscription law, of which Iowa was one/^^ the War De- 
partment issued instructions. If the quota of any State 
was not filled on August 15, 1862, by volunteers, the Gov- 
ernor was required to designate places of rendezvous for 
the drafted militia, and cause assessors or enrollment com- 
missioners to make lists of all male citizens between the 
ages of eighteen and forty-five, giving the age, occupation, 
and the facts upon which to determine exemption from mil- 
itary duty. These lists were filed in the office of the sheriff. 

A commissioner was appointed in each county to hear 
and decide claims of exemption. Physical disability was 
not a valid claim for exemption unless it was so permanent 
as to render a person unfit for a period of more than thirty 
days. Those engaged in specified industries such as tele- 
graph operators, railroad locomotive engineers, workmen 
in arsenals and armories, all Federal officers and many 
government employees, and persons exempt from military 
service by virtue of State laws were excused without pre- 
senting claims. At an appointed time all names remain- 
ing upon the enrollment lists were publicly placed in a jury 
wheel or box and a blindfolded person drew out the number 
of names sufficient to fill the quota of the county. The 
drafted men were then notified to appear in person or send 
a substitute to the county seat within five days after the 
time of drafting; and from thence they were to be sent to 

110 The militia law approved the previous winter (1862) contained only a few 
immaterial provisions regulating the draft. — Laws of Iowa, 1862, pp. 235, 236. 

111 State and county officers, physicians, and clergymen were also exempt 
from military service. — War of the Eebellion: Official Becords, Ser. Ill, Vol. 
II, pp. 392, 459. 



384 IOWA JOUKNAL OF HISTORY AND POLITICS 



the place of rendezvous, there to be organized into com- 
panies and regiments. To prevent evasion all persons who 
were subject to draft were forbidden to leave their native 
count}^ State, or the United States on penalty of arrest and 
fine. In respect to all persons so arrested, as well as to 
those who discouraged enlistments, resisted the draft, or 
practiced any form of disloyalty, the writ of habeas corpus 
was suspended.^^- 

Governor Kirkwood appointed enrollment officers, draft 
commissioners, and examining surgeons on August 18th, 
but asked that the draft be postponed until September 15th. 
The War Department gave him permission to defer the 
draft at his own discretion, because the enrollment lists 
were incomplete. Fortunately, Iowa filled the quotas of 
both calls in 1862 by volunteers and after the middle of 
September the only danger of a draft was from failing to 
supply the old regiments with new men. In November of 
that year Governor Kirkwood distributed the required 
quotas among the several counties, giving credit for the 
number of men already furnished, and gave them until 
J anuary 1, 1863, to meet the deficit by voluntary enlistment. 
It was discovered that sixty-four counties had not sent their 
share of men to the old regiments (Dubuque County had a 
deficit of 1297), while thirty-three counties showed an ex- 
cess (Muscatine County had done the best with a surplus of 
505). Draft commissioners were instructed to assign 
quotas by wards in the cities and towns. By January con- 
scription for Federal armies controlled by State officials 
was an admitted failure, so that the draft was not ordered 
in lowa.^^^ 

War of the Behellion: Official Records, Ser. Ill, Vol. II, pp. 291, 333- 
335, 370, 397, 587. 

^^sWar of the EehelUoyi: Official Becords, Ser. Ill, Vol. II, pp. 442, 464; 
i^epori of the Adjutant-General of Iowa, 1863, Vol. II, pp. 720, 721, 759-763. 



ENLISTMENTS DURING THE CIVIL WAR 385 



The experience with the draft in 1862 convinced the 
wisest and most patriotic citizens that General W. T. Sher- 
man was right in his opinion that the ^ ^ Government, though 
a democracy, should in times of trouble and danger be able 
to wield the most despotic power of a great nation." 
Colonel Nicholas Perczel urged Governor Kirkwood to take 
the advice of a military man and inaugurate the draft as 
soon as possible. All over the North statesmen perceived 
that the business of creating armies must be handled by 
the Federal government without the intervention of State 
authorities. Furthermore, it was conceded that conscrip- 
tion was a far more equitable and democratic method of 
procuring soldiers than was volunteering: it was the only 
effectual way of equalizing the burden among the various 
localities. Newspapers endeavored to popularize the draft 
by comparing it to the system of taxation, whereby every- 
one contributed his just share to the support of the govern- 
ment. The one was held to be no more of a disgrace than 
the other. While there was a moral grandeur in sending a 
million volunteers to the front, the time had come for others 
to meet their obligations.^^* 

But it was not easy to convince the public of the wisdom 
of a plan so contrary to the traditional military policy of 
the Nation. People were more accustomed to enjoy privi- 
leges than to fulfill duties. There was an unreasonable 
dread of any kind of compulsory service. Whatever might 
be the weight of argument or the influence of individual 
opinion, a large portion of the people preferred to raise 
their proportion of the military force by bounties paid to 
volunteers rather than by draft. Especially noticeable was 
the uneasiness produced among the laboring classes and in 

114 ^ar of the Eehellion: Official Eecords, Ser. I, Vol. XXXIX, Pt. 2, p. 
370, Ser. Ill, Vol. V, p. 611; KirTcwood Correspondence, No. 535; Anamosa 
Eureica, August 29, 1862. 

VOL. XV — 26 



386 IOWA JOURNAL OF HISTORY AND POLITICS 



localities where sympathy was not wholehearted for the 
Union cause and law-enforcement.^^^ 

iVfter a protracted and animated discussion the enroll- 
ment act passed Congress and was approved on March 3, 
1863. The main objects of the law were to enroll and hold 
liable to military duty all citizens capable of bearing arms, 
to call out the national forces by draft when required, and 
to arrest deserters. The national forces were declared to 
consist of all able-bodied male citizens between the ages of 
twenty and forty-five, including aliens who had declared 
their intention of becoming citizens. Exceptions were made 
of the physically and mentally unfit,^^^ the President, Vice- 
President, court judges, heads of executive departments, 
Governors, felons, and some men upon whom other persons 
were dependent for support. The forces enrolled were di- 
vided into two classes : the first comprised all persons liable 
to perform military duty between the ages of twenty and 
thirty-five and all such unmarried persons between thirty- 
five and forty-five years of age; and the second class in- 
cluded all other persons subject to military duty, not to be 
called into service until the first class had been taken. For 
convenience in the operation of the conscription law the 
United States was divided into districts, usually corres- 
ponding to the Congressional districts (there were six dis- 
tricts in Iowa), under the supervision of a provost-marshal. 
The board of enrollment in each district consisted of the 

115 War of the Rebellion: Official Eecords, Ser. Ill, Vol. V, p. 611. 

116 Fifty-one diseases and infirmities were enumerated as disqualifications, 
among them being insanity, epilepsy, paralysis, consumption, cancer, skin dis- 
ease, chronic rheumatism, impaired sight, deafness, dumbness, confirmed stam- 
mering, loss of a sufficient number of teeth to prevent tearing cartridges, de- 
formities, and the loss of arms, legs, fingers, and toes. It was said that men 
who had their teeth pulled to evade military service by being unable to tear 
cartridges were put in the artillery. Exemptions were determined after the 
draft, not at the time of enrollment. — War of the Behellion: Official Eecords, 
Ser. Ill, Vol. Ill, pp. 136-139, Vol. V, p. 617; Anamosa EureTca, November 14, 
1862. 



ENLISTMENTS DURING THE CIVIL WAR 



387 



provost-marshal and two other persons one of whom was a 
licensed physician and surgeon. Each enrollment district 
was sub-divided into townships, towns, or wards and an 
enrolling officer appointed over each sub-district. 

Enrollment included the name, residence, age on July 1, 
1863, and occupation of the individual. All persons enrolled 
were subject for two years from July 1, 1863, to be called 
into service during the war or for three years at most, and 
were placed on the same footing as volunteers, including the 
privilege of receiving advance pay and bounties as pro- 
vided by law. Whenever it became necessary to call out the 
national forces the President was authorized to assign to 
each district the number of men to be furnished, taking into 
consideration the number and term of service of volunteers 
already supplied by each district, and thereupon the enroll- 
ing board proceeded to draft the required number of men 
and fifty per cent of the required number in addition, 
placing the names on the roll in the order drawn. Any 
drafted person was accorded the privilege of furnishing an 
acceptable substitute or paying $300 for the procuring of a 
substitute before the day fixed for his appearance at the 
rendezvous. Unless he appeared in person or sent a substi- 
tute he was subject to arrest as a deserter. As soon as the 
required number of men were obtained from the list of 
those drafted, the remainder were discharged. The penalty 
for resisting the draft was a fine of five hundred dollars, 
imprisonment for two years, or both.^^"^ 

The disloyal spirit in the southern part of Iowa which 
had been brewing for nearly a year became alarming shortly 
after Congress passed the enrollment act. On March 10th 
Samuel J. Kirkwood wrote to Secretary Stanton that con- 
ditions rendered a distribution of arms and ammunition 
, among the loyal men of the State absolutely necessary. 

1 117 War of the Behellioii: Official Eecords, Ser. Ill, Vol. Ill, pp. 88-93, Vol. 
V, pp. 611, 612; Eeport of the Adjutant-General of Iowa, 1864, p. 721. 



388 IOWA JOURNAL OF HISTORY AND POLITICS 



Unscrupulous persons were arming, he said, to resist a 
draft under tlie conscription law. The following day the 
Governor asked permission to raise two or three regiments 
to serve as a State guard. The Sons of 76 and the Knights 
of the Golden Circle, secret societies formed and organized 
for purposes of insurrection, were trying to embarrass the 
government by discouraging enlistments, resisting con- 
scription, encouraging desertion, and protecting deserters 
from arrest. It was essential that the State or Federal 
government should mete out prompt, certain, and sharp'' 
punishment to *^some of these active scoundrels''. Toward 
the end of March the Governor warned the people against 
the artful and wicked machinations of designing men who 
defied the law and threatened civil war in the hope of plun- 
der, promising to all who resisted the authority of the gov- 
ernment the punishment due to traitors — an atonement 
that would be terrible to contemplate. Care was taken to 
prevent arms from falling into the hands of disloyal men 
and all Copperheads" were ordered to be mustered out of 
Iowa companies.^^^ 

Major Thomas Duncan was appointed provost-marshal 
for Iowa in April and enrollment began in May. Excess 
enlistments over former quotas made a draft in Iowa un- 
necessary in 1863, either to make up deficits or to satisfy 
the call of October 17, 1863,11^ but in July and August the 
draft riots in the East caused more or less sympathetic dis- 

War of the ^Rebellion: Official ^Records, Ser. Ill, Vol, II, pp. 403, 404, 
Vol. Ill, pp. 62, 63, 66, 67, 125; Shambaugli 's Messages and Proclamations of 
the Governors of Iowa, Vol. II, pp. 511-514; Kirkwood's Military Letter BooTc, 
No. 6, pp. 114, 219, 443, 444. 

119 The quotas for the various conscription districts in Iowa under the call of 
October 17, 1863, were: first district, 1591; second district, 1704; third district, 
1754; fourth district, 1703; fifth district, 1350; and sixth district, 808. It was 
not necessary to fill these quotas, because they were superseded by the call of 
February 1, 1864. — War of the Eedellion: Official Records, Ser. Ill, Vol. Ill, 
p. 904. 



ENLISTMENTS DURING THE CIVIL WAR 



turbance in this State. ''The enforcement of the draft 
throughout the country depends upon its enforcement in 
New York City", wrote Governor Kirkwood to the Secre- 
tary of War about the middle of July. ''If it can be suc- 
cessfully resisted there it cannot be enforced elsewhere. 
For God's sake let there be no compromising or half-way 
measures.'' And Stanton replied: "The draft will be en- 
forced in New York City. You need entertain no appre- 
hensions of compromising or half way measures." To pre- 
vent loss of life and destruction of property, John Pope, 
commander of the Department of the Northwest, requested 
that two old regiments be sent to preserve order in Iowa, 
and Governor Kirkwood asked that the Seventh Iowa Cav- 
alry should not leave the State until the draft was over.^^^ 
That the fears of government officials were well founded 
was realized on August 1, 1863, when George C. Tally, a 
rough, uneducated Baptist minister, led an armed band of 
disloyal followers to a mass meeting at South English, a 
Union stronghold in Keokuk County. As the rebel sympa- 
thizers made their way through th-e village wearing butter- 
nuts, the badge of the "Copperheads", they were taunted 
as cowards and somewhere a gun was discharged. At a 
signal the Tally gang began a general fusillade and the citi- 
zens returned the fire, killing Tally. The "Copperheads" 
retired to their rendezvous on the Skunk Eiver, to await re- 
inforcements before carrying out their threats to return 
and burn the town. When Governor Kirkwood was noti- 
fied of the disturbance he sent forty stands of arms to the 
sheriff of Washington County, ordered eleven companies 
of State militia to Sigourney, and appeared in person at 
Sigourney. When the "Tally army" found itself confront- 
ed by the militia it decided to disband, and although a num- 

120 War of the Rebellion: Official Eecords, Ser. Ill, Vol. Ill, pp. 193, 494, 
520, 525, 576, 865. 

I 



390 IOWA JOURNAL OF HISTORY AND POLITICS 



l)or of persons were arrested for the killing of Tally, prose- 
cution was dropped in the district court.^^^ 

In February, 1864, Congress amended the enrollment act 
in the light of the defects demonstrated by the draft in the 
summer of 1863. The penalties for disloyalty and mal- 
administration were made much more severe. Only per- 
sons not liable to the draft were eligible as substitutes and 
persons furnishing them were exempt only while the substi- 
tutes were not liable to be drafted. Commutation money 
served only to exempt a drafted person from one draft and 
for a period not longer than one year, his name being re- 
tained on the list for filling future quotas. The enrollment 
lists were ordered to be corrected. Exemptions were lim- 
ited to the physically and mentally unfit, and to persons in 
the military service or those who had served two years in 
the Civil War. The two classes of enrolled militia under 
the first act were consolidated. When persons conscien- 
tiously opposed to bearing arms were drafted, they were 
considered non-combatants and assigned to hospital duty 
or else they paid $300 to be used for the benefit of sick and 
wounded soldiers. Foreign birth was no longer ground for 
exemption if at any time such a person had assumed the 
rights of a citizen by voting or holding office. And finally, 
all able-bodied male colored persons between the ages of 
twenty and forty-five were to be enrolled as a part of the 
national forces. The policy of allowing a period of time 
for the districts to fill their quotas by volunteers before the 
date set for the draft was formally recognized by law, and 
Iowa, taking advantage of the privilege, supplied all the 
men required without resorting to the draft in the spring 
of 1864.122 

121 J2epoH of the Adjutant-General of Iowa, 1864, pp. 687-691; Annals of 
Iowa (Third Series), Vol. IX, pp. 142-145; Gue's History of Iowa, Vol. II, 
pp. 87-90. 

122 War of the JRehellion: Official Eecords, Ser. Ill, Vol. IV, pp. 128-133. 



ENLISTMENTS DURING THE CIVIL WAR 



391 



On June 6, 1864, James B. Fry reported the results of the 
draft under the amended enrollment act. Of 14,741 men 
examined, 7016 were exempted, 5050 paid commutation, 
1416 furnished substitutes, and only 1259 were held for per- 
sonal service. Such results compelled the Provost-Marshal- 
General to recommend the repeal of the $300 commutation 
clause, because it was evident that the army could not be 
materially strengthened as long as men could buy exemption 
from service. Accordingly the enrollment act was again 
amended on July 4, 1864. Thereafter no payment of com- 
mutation money was accepted in lieu of personal military 
service, but drafted men were still allowed to provide sub- 
stitutes. Men were drafted for one year under this law, 
but volunteers for one, two, or three years were still ac- 
ceptable for a period of fifty days after the call. Provost- 
marshals were directed to draft one hundred per cent in 
addition to the required quota. ^-^ 

The quota of troops required from Iowa by the call of 
July 18, 1864, was 15,784, although this number was reduced 
to 5749 by excess credits. The people seemed to think 
the object of conscription was the filling of quotas instead 
of the raising of troops. By September General Grant was 
thoroughly exasperated with the dilatory tactics of the re- 
cruiting officials. ''I hope it is not the intention to postpone 
the draft to allow time to fill up with recruiting he wrote. 
*^The men we have been getting in this way nearly all 
desert, and out of five reported North as having enlisted we 
don't get more than one effective soldier.'' The draft was 
ordered to commence on September 19, 1864, in all loyal 
States. This announcement immediately stimulated re- 
cruiting and the price of substitutes rose as high as $500 

1^23 War of the Bebellion: Offtcial Becords, Ser. Ill, Vol. IV, pp. 421, 472- 
474. 

124 Eventually the credits were adjusted so as to consume the entire quota, 
but a draft was instituted before the credit claims were acknowledged. 



392 IOWA JOURNAL OF HISTORY AND POLITICS 



for one year. Most of the drawings were made in Iowa 
during October and November. Before allowance was made 
in January, 1865, for Iowa's excess credits on account of 
the three-year enlistments which finally squared accounts 
for all quotas, it was necessary to draft nearly 4000 men.^^s 

The only serious resistance to the draft of 1864 occurred 
in Poweshiek County. A company of ^'Democrat Eangers'' 
attacked and murdered John L. Bashore and Josiah M. 
Woodruff, who were on their way to arrest several drafted 
men in Sugar Creek Township who had failed to report. 
Six men were arrested and one was convicted of murder 
and sentenced to be hanged, but President Lincoln com- 
muted the punishment to life imprisonment.^^^ 

In 1864 a number of persons who were not physically fit 
for military duty or were exempt from draft for other 
reasons expressed a desire to be personally represented in 
the army. The Provost-Marshal-General deemed this prac- 
tical patriotism so worthy of special commendation that he 
ordered every facility to be extended to enlist all the ac- 
ceptable '^representative recruits'' who were offered. 
Nineteen personal representatives were sent to the army 
from Iowa by William B. Allison, Stephen B. Ayres, John 
G. Foote, Nathan P. Hubbard, H. M. Hoxie, John D. Mer- 
ritt, Hiram Price, William A. Remington, Robert Smyth, 
and others. ^^"^ 

John E. Bkiggs 

The State Historical Society of Iowa 
Iowa City Iowa 

War of the Eehellion: Official Eecords, Ser. I, Vol. XL, Pt. 2, p. 783, 
Ser. Ill, Vol. IV, pp. 515, 519, 725; Burlington Daily HawTc-Eye, October 12, 
15, 24, November 17, 1864; Council Bluffs Nonpareil, November 12, 1864; 
Shambaugh's Messages and Proclamations of the Governors of Iowa, Vol. Ill, 
p. 171. 

i26Gue's History of Iowa, Vol. II, pp. 91, 92; Beport of the Adjutant- 
General of Iowa, 1865, pp. 1411-1415. 

127 War of the Eelellion: Official Eecords, Ser. Ill, Vol. IV, pp. 453, 454, 
Vol. V, pp. 931, 932. 



THE MILITAEY-INDIAN FEONTIER 1830-1835 

The frontier in American history has not meant an inter- 
national boundary line, such as that between Canada and 
the United States. Instead, the word suggests an intangible 
zone which marked the westernmost advance of civilization. 
Each of the various activities in which the Americans en- 
gaged had a frontier of its own, and by the time the people 
in the east realized that the advance guard of industry had 
reached a certain point, the pioneers were well beyond that 
place. Thus it was that the people of New England thought 
of Ohio or Iowa as frontier territory long after the Indians 
had withdrawn and schools and churches had taken the 
place of the council fire and the wigwam. 

The traders and the trappers early forced their way into 
the very heart of the Indian country, but their occupation 
tended to keep the Indians on the land rather than to drive 
them away. A few trappers and traders, sometimes sta- 
tioned hundreds of miles apart, made little impression on 
the appearance or condition of the country. They were, it 
is true, the precursors of the great army of occupation, but 
the Indians did not at first realize this fact. 

Then there were the miners who established the mining 
frontier. Breaking through the Indian line, they estab- 
lished here and there little settlements, such as those south 
of Lake Superior, at Dubuque, in the Black Hills, and later 
in the Rocky Mountains and California. Their advance was 
less rapid than that of the traders, but the groups were 
larger and the danger to the Indians more clearly recog- 
nized. 

Grradually men who were neither traders nor miners came 

393 



394 lOAVA JOURNAL OF HISTORY AND POLITICS 



to look over the country, and soon they began to stake out 
chiinis and build their cabins. Thus there was the agricul- 
tural frontier — the most definite and important of all — 
and here was the dividing line between the Indians and the 
whites. The Indians and the traders could exist side by 
side, but the establishment of farms meant the end of In- 
dian occupation of the land. This frontier was marked not 
by a line, however, but rather by a zone. To the east were 
the compact white settlements, to the west the wild hunting 
grounds of the natives ; but between them there was a strip 
of territory occupied partly by white pioneers and partly 
by Indians. Here the advance guard of the Anglo-Saxons 
and the border tribes of Indians struggled for possession 
and the Indians always lost. 

This ceaseless conflict between those who possessed the 
land and those who coveted it, between what the white man 
has chosen to call barbarism and civilization, resulted 
usually in the establishment of the military frontier. This 
was an irregular line of widely separated forts and encamp- 
ments, garrisoned usually by one or two companies of in- 
fantry or cavalry. 

Since the expansion of the United States westward has 
been largely the result of individual rather than of govern- 
mental initiative, the frontiers have not been essentially 
military. Individual traders and explorers often blazed the 
way for the military expeditions and the sound of the axe 
and the splash of the voyageur 's paddle preceded the bugle 
notes. Yet the army has played no inconsiderable part in 
the settlement of the West, nor has its work been limited to 
fighting. 

THE LOCATION OF THE FEONTIER FOETS 

By 1830 the most western point reached by the settle- 
ments was the junction of the Kansas and Missouri rivers. 



THE MILITARY-INDIAN FRONTIER 1830-1835 395 



From this place the line ran northeast across central Illinois 
and Indiana to Detroit. To the south the settlements fol- 
lowed the Missouri, Arkansas, and Eed Eiver valleys, leav- 
ing the land between these streams almost uninhabited. In 
Mississippi, Alabama, and Georgia were great tracts of land 
still unoccupied by white men, and northwest of the north- 
ern line were scattered settlements such as that at Prairie 
du Chien. But the line of compact, agricultural settlements 
might have been roughly represented by a triangle, with its 
apex at Fort Leavenworth, the end of one side at Detroit, 
and the end of the other at New Orleans.^ 

The Indians, however, had ceded their rights to territory 
farther west than this line of agricultural settlements — 
although the indefiniteness of the Indians' title to the land 
and their lack of a responsible government resulted in 
much confusion as to ownership. The extent of these ces- 
sions in 1830 may be roughly indicated by drawing a line 
across northern Michigan, around the southern shore of 
Lake Michigan to the northern boundary of Illinois, then 
northward to include southwestern Wisconsin. From 
Prairie du Chien the line followed the Mississippi River, 
the northern boundary of Missouri and the western boun- 
dary of Missouri, Arkansas, and Louisiana to the Gulf of 
Mexico. Nearly half of Mississippi and Alabama and a 
part of Georgia were also Indian country.^ 

Even in the north there were large numbers of Indians 
still east of this line, many of whom did not know that a 
treaty of cession had been made or did not recognize the 

1 Statistical Atlas of the United States, 1900, Plate No. 6. 

2 As late as 1832 it was estimated that there were 20,000 Creeks in Alabama, 
4000 Seminoles in Florida, and 10,000 Cherokees and 4000 Chickasaws in the 
various southern States. — American State Papers, Military Afairs, Vol. V, 
p. 25. 

The boundary of the Indian cessions was taken from the maps in the 
Eighteenth Annual Report of the Bureau of American Ethnology, Pt. 2. 



396 



IOWA JOURNAL OF HISTORY AND POLITICS 



authority of those who had made it. In some places white 
settlements, like those in the vicinity of Prairie du Chien 
and Rock Island, were entirely surrounded by Indians of 
various tribes. 

Beyond this line the United States was removing, as 
speedily as possible, the Indians who occupied the land con- 
tiguous to white settlements or whose possessions were 
coveted by the pioneers. The Indians already transported 
westward were restless and dissatisfied ; those who lingered 
w^ere suspicious and often hostile. The settlers, with good 
reason, feared the enmity of the people whom they had dis- 
possessed and consequently they demanded protection. 
The pioneers of 1830, like those of the earlier period, could 
fight, but they preferred to have it done for them. The 
United States government claimed supervision over the In- 
dians — though it did not always succeed in enforcing its 
claim — and the settlers asked that it should furnish troops 
to remove the Indians and to protect the settlements in case 
the natives returned to their old haunts. 

On the other hand, white men frequently encroached on 
the lands of the Indians and violations of the laws regu- 
lating trade were common. The law prohibiting the sale of 
liquor to the Indians was openly defied and the only means 
of making any laws effective beyond the organized civil 
governments was by military force. 

In order to preserve order along this western boundary 
the government established forts at various places along 
the frontier and garrisoned them with regular troops. 
These forts and posts formed a line around the Great Lakes, 
extended across from Green Bay to Prairie du Chien, and 
followed approximately the boundary of the Indian land 
cessions. Occasionally, a fort was located in the midst of 
the white settlements, as in the case of Jefferson Barracks ; 
a few were entirely in the Indian country, like Fort Snelling 



THE MILITARY-INDIAN FRONTIER 1830-1835 397 



and Fort Gibson ; but for the most part, they were located 
in the strip of territory occupied by whites and Indians, the 
storm center of the contest between the two races. 

Statistics concerning the most important of these west- 
ern forts from 1830 to 1835 are given in the following table : 

Table I 



Stastistics Concerning Western Forts 1830-1835^ 





le and 
ition 


u 


manding 
er 


panies 




ment 








e s 

cS 


CS 
(O 




a 




'3d 




S3 






>< 


00 











i 


1 


Fort Howard, 


1830 


Colonel William Lawrence 




5th 


Inf. 


13 


206 




Green Bay, 


1831 


Major John Fowle 


2 


1 1 




6 


104 




constructed 1816 


1 


Brig.-Gen, G. M. Brooke 


4 


I ( 




9 


118 






iooo 


( e (I t ( I ( i I 


4 


{ ( 




12 


160 






1 QQ/i 


i I 11 ( C ( i ( ( 


A 

4 


( ( 




9 


202 






1 00 er 

looo 


< ( ( ( (ill C ( 


A 

4: 






8 


120 


2 


Tort Dearborn, 


1830 


Major John Fowle 




5th 


Inf. 


6 


89 




Chicago, constructed 


±ao X 










— 








about 1803 




Major William Whistler 


2 


9TirI 
Olid 


Inf. 


a 
D 


Qn 






xooo 


Major John Green (e) 


2 


otn 


Inf. 


Q 

'O 


00 






±00 4 






i ( 




n 
D 


CQ 






1 QQf^C 
±000 


Major De Lafayette Wilcox 


2 


( ( 


1 1 


D 


Q9 
VO 


3 


Fort Winnebago, 


1830 


Major D. E. Twiggs 




1st 


Inf. 


10 


136 




Fox-Wisconsin 


-LOO-L 


Lieut.-Col. Enos Cutler 


4 


in 


Inf. 


C 


1 ^fi 

J-OU 




Portage. Founded 


1832 


(I 11 11 n 


4 


( e 


( I 


9 


138 




1828, evacuated 


1833 


11 ( ( (I ( ( 


4 


( ( 


( ( 


8 


160 




1845 


1834 


( ( (I { ( (C 


4 


( I 


I ( 


9 


199 






1835 


Major John Green (e) 


4 


( ( 


t ( 


8 


190 


4 


Fort Crawford, 


1830 


Colonel Willoughby Morgan 




1st 


Inf. 


13 


183 




Prairie du Chien, 


1831 


(I 11 ( ( 


5 


( ( 


t i 


13 


214 




built 1816 


1832 


Colonel Zachary Taylor 


5 


( I 


I ( 


12 


156 






1833 


( { ( { i ( 


5 


{ ( 


{ ( 


11 


155 






1834 


( ( ( ( ( c 


5 


( ( 


( ( 


11 


257 






1835 


i( H ( ( 


5 


1 1 


1 1 


11 


267 


5 


Fort Snelling, at 


1830 


Lieut.-Col. Zachary Taylor 




1st 


Inf. 


10 


150 




junction of St. 


1831 


( < it (I I < 


3 


< ( 


I ( 


8 


136 




Peter's and Missis- 


1832 


Lieutenant Jefferson Vail 


3 


< ( 


I ( 


5 


128 




sippi rivers, 


1833 


Major John Bliss 


3 


t ( 


f ( 


5 


98 




founded 1819 


1834 




3 


( t 


( t 


9 


156 






1835 


(I 11 ( ( 


3 


t ( 


t c 


8 


159 




3 American State Papers, 


Military A fairs, Vol. IV, 


pp. 


592, 


722, 724 


; Vol. 



V, pp. 36, 38, 177, 179, 367, 370, 637, 640. 



398 IOWA JOURNAL OF HISTORY AND POLITICS 











% 










e ar 

tion 




a a! 


pani 


men 


0) 




d 


ii 


u 

a 
a> 


im 


1 


'5a 




a 






>H 


oo 






o 






Fort Armstrong, 


1830 


Major John Bliss 




3rd Inf. 


"6 


sF 




Rock Island, 


1831 




2 


1st Inf. 


7 


62 




erected 1816 


1832 


Major T. J. Beall 


2 


n n 


5 


43 






1833 


Lieut. -Col. Wm. Davenport 


2 




6 


69 






1834 




2 




6 


91 






1835 




2 




7 


85 


7 


Cantonment Leaven- 


1830 


Major William Davenport 




6th Inf. 


13 


168 




worth, on right bank 


1831 


( C i i CI 


4 


I (. ( ( 


13 


193 




of Missouri, near 


1832 


Major Bennet Rilej 


4 


( ( I i 


10 


142 




the Little Platte. 




Captain Matthew Duncan 


1 


Rangers 


4 


110 




Fort Leavenworth, 


1833 


Captain W. K Wickliffe 


4 


6th Inf. 


8 


108 




founded 1827 


1834 


Colonel Henry Dodge 


4 


Dragoons 


11 


162 






1835 




4 


i ( 


14 


284 


^8 


Jefferson Barracks, 








3rd Inf. 








near St. Louis, 


1830 


Brig.-Gen. Henry Atkinson 




and 


47 


544 




established 1826 








6th Inf. 










1831 




6 


6th Inf. 


17 


247 






1832 




6 


(I ( ( 


14 


220 










5 


Dragoons 










1833 


Lieut. -Col. Daniel Baker 




and 


35 


639 










6 


Gth Inf. 










1834 


Brig.-Gen. Henry Atkinson 


10 


6th Inf. 


25 


392 






1835 




10 


( C (I 


24 


457 


9 


Cantonment Gibson, 


1830 


Colonel Matthew Arbuckle 




7th Inf. 


16 


227 




at mouth of the 


1831 




10 




25 


394 




Neosho River. 


1832 


Colonel Arbuckle 


10 


C C ( c 


18 


488 




Fort Gibson, 




Capts. Nathan Boone, 












erected 1824, 




Jesse Bean, and 


3 


Rangers 


12 


320 




abandoned 1857 




John Fowle 














1833 


Colonel Arbuckle 


9 


7th Inf. 


15 


372 






1834 


Brig.-Gen. Arbuckle 


3 


Dragoons 


9 


126 










9 


7th Inf. 


15 


330 






1835 


C t 11 11 


3 


Dragoons 


7 


98 










9 


7th Inf. 


19 


416 


10 


Fort Smith, on the 


1830 














Arkansas River, 


1831 














near the western 


1832 














boundary line of 


1833|Captain John Stuart 


1 


7th Inf. 


3 


49 




Arkansas. Estab- 


1834 














lished 1817, named 


1835 














Fort Smith, 1818, 
















vacated from 1824- 
















1833, closed 1871 















THE MILITARY-INDIAN FRONTIER 1830-1835 399 





le and 
ition 


u 


manding 
er 


panies 




ment 

1 


<A 




d 


eS 


« 


o «n 


B 
o 




'So 


O 


Ol 








QO 


O 






o 




11 


Fort Coffee, across 


1830 
















the line from 


1831 
















Fort Sinitb 


1832 
















Erected 1»34 


1833 


















1834 


Captain John Stuart 


1 


7th 


Inf. 


1 


42 






1835 




1 


( i 




4 


50 


12 


Camp Des Moines, 


1830 
















right bank of 


1831 
















Mississippi, near 


1832 
















mouth of Des 


1833 
















Moines Eiver 


1834 


Lieut. -Col. Stephen Watts 


















Kearny 


3 


Dragoons 


6 


107 






1835 


Lieut.-Col. Stephen Watts 


















Kearny 


3 




9 


170 


13 


Cantonment Jesup, 


1830 


Lieut.-Col. J. B. Many 




7th 


Inf. 


14 


135 




near Natchitoches, 


1831 


Brig.-Gen. Henry Leaven- 














Louisiana 




worth 


6 


3rd 


Inf. 


15 


217 






1832 


Brig.-Gen. Henry Leaven- 


















worth 


6 


< c 


( c 


17 


265 






1833|Brig,-Gen. Henry Leaven- 


















worth 


6 


( ( 


C ( 


18 


196 






18341 Colonel J. B. Many 


6 


t ( 


1 1 


17 


261 






1835 




6 


{ < 


C I 


16 


281 


14 


Cantonment Towson, 


1830 


1 














on the Eed Eiver 


1831[Lieut.-Col. J. H. Vose 


4|3rd 


Inf. 


12 


163 




near the Kiamichi 


1832 


( ( ( ( i C C i ( ( 


4 




< t 


13 


192 






1833 


C C C ( ( C t ( < ( 


4 


{ ( 


( c 


11 


174 






1834 


( ( ( ( ( ( ( ( ( < 


4 




( c 


8 


86 






1835 


' I C ( i till < { 






t i 


12 


177 


15 


Baton Eouge, 


1830 


'Lieut.-CoL W. S. Foster 




4th Inf. 


13|167 




Louisiana 


1831 [Colonel D. L. Clinch 


3 




( I 


10 1 133 






1832|Lieut.-Col. W. S. Foster 


3 




t ( 


10 


[125 






1833 [Captain Henry Wilson 


3 


I" 


t { 


8 [129 






'1834 [Major J. M. Glassell 


4 


1" 


I ( 


11 [130 





1 


1835[Lieut.-Col. W. S. Foster 


' 4 


1" 


( ( 


7 


jllS 


16 


Cantonment Atkin- 


1830 


[Major George Birch 

1 




|7th 


Inf. 


3 






son, Calcasieu, 


1 










1 




Louisiana 


1 


1 










1 


17 


IFort Wood, Chef 


11830 [Major E. A. Zantzinger 




|2nd 


Art. 


5 


1 36 




Menteur, Louisiana, 11831 




1 


1" 


( I 


o 


1 A\ 




occupied by first 


[1832[ " 


1 


1" 


( i 


I 2 


1 




[garrison in 1827 


|1833| " 


1[- 


( ( 


1 


1 29 




1 


[1834 [Captain Allen Lowd 


1 




( ( 


1 ^ 


1 IS 




1 


[1835 


1 (( (( (( 


1 


1" 


I ( 


1 


1 no 



400 IOWA JOURNAL OF HISTORY AND POLITICS 



These statistics concerning the most important of these 
western forts from 1830 to 1835, although incomplete, throw 
some light on the military situation during this period. 
The average number of regular troops stationed at Fort 
Howard, for example, for the years 1830 to 1835 was about 
160, the number at Fort Crawford about 200, while Jeffer- 
son Barracks, the best garrisoned of the posts, had an aver- 
age of only 477 men, including officers. The total number 
of troops on the western line of forts in 1830 was 2176 men 
and 169 officers. In 1833 there were 2421 men and 151 offi- 
cers, and other years show little change from these figures. 
When it is considered that these forts were strung out 
along a frontier of over 1500 miles, it is evident that the 
number of men employed was very small. 

These posts were not strongly fortified — indeed, many 
of them were merely encampments, and not forts at all. 
Here soldiers were stationed in order that they might be 
ready to move against any hostile Indians ; here the expedi- 
tions into the unsettled and unexplored regions were pre- 
pared. There was comparatively little danger of an attack 
upon the fort itself, for the hostile Indians preferred to fall 
upon some band of unsuspecting settlers or upon the occu- 
pants of a lonely pioneer's cabin. Even Fort Winnebago, 
situated as it was in the midst of warlike Winnebagoes and 
near the hostile Sacs and Foxes, was poorly defended. An 
inhabitant of the post at the time of the Black Hawk War 
wrote of it: 

Fort Winnebago was not picketed in; there were no defences to 
the barracks or officers' quarters, except slight panelled doors and 
Venetian blinds — nothing that would long resist the blows of 
clubs or hatchets. There was no artillery, and the Commissary's 
store was without the bounds of the Fort, under the hill.* 

^Kinzie's Wau-Bun, p. 315. 



THE MILITARY-INDIAN FRONTIER 1830-1835 401 



A painting of old Fort Winnebago, as it was supposed to 
have appeared in 1834, shows a double line of pickets en- 
closing a square in which were the armory, guard-house, 
barracks, officers' quarters, and other buildings. A num- 
ber of buildings belonging to the fort were outside the 
palisades, as was also the Indian agency building.^ 

Very different, both in appearance and location, was the 
reserve post known as Jefferson Barracks, as is indicated 
in the following description: 

The buildings, constructed of stone, are romantically situated on 
a bold bluff, the base of which is swept by the Mississippi, and were 
intended to garrison an entire regiment of cavalry for frontier 
service. Three sides of the quadrangle of the parade are bounded 
by the lines of galleried barracks, with fine buildings at the ex- 
tremities for the residence of the officers j while the fourth opens 
upon a noble terrace overlooking the river. The commissary's 
house, the magazines, and extensive stables, lie without the parallel- 
ogram, beneath the lofty trees. From the terrace is commanded a 
fine view of the river, with its alluvial islands, the extensive wood- 
lands upon the opposite side, and the pale cliffs of the bluffs stretch- 
ing away beyond the bottom. 

Although located at a distance from the frontier line, 
Jefferson Barracks had been selected for strategic pur- 
poses. ^^The line of frontier," said a visitor, ^'including 
the advanced post of Council Bluffs on the Missouri, de- 
scribes the arch of a circle, the chord of which passes nearly 
through this point ; and a reserve post here is consequently 
available for the entire line of frontier. From its central 
position and its proximity to the mouths of great rivers 
leading into the interior, detachments, by means of steam 
transports, may be thrown with great rapidity and nearly 
equal facility into the garrisons upon the Upper Mississippi, 
the Missouri, the Arkansas, Eed, or Sabine Rivers.''^ 

5 Wisconsin Historical Collections, Vol. XIV, p. 64. 

eFlagg's The Far West in Thwaites's Early Western Travels, Vol. XXVI, 
pp. 175, 176. 

VOL. XV — 27 



402 lOAVA JOURNAL OF HISTORY AND POLITICS 



Fort Smith, at this period, combined some of the features 
of both Fort Winnebago and Jefferson Barracks. Situated 
at the junction of the Poteau and Arkansas rivers, about 
thirty feet above their level, it was constructed of hewed 
logs, like Fort Winnebago, but the buildings here were ar- 
ranged to form two sides of a squareJ 

There appears to have been a great deal of competition 
among various localities to secure the location of these 
forts, each group of settlers urging upon the general gov- 
ernment the danger from the Indians at that particular 
point, and the obligation of the United States to protect 
them. The legislatures of the various States and Terri- 
tories also sent in petitions for protection. Thus, in 1833 
the General Assembly of Missouri asked that a depot of 
arms and ammunition be located near the northwestern 
boundary of the State.^ The people of Arkansas, likewise, 
presented their grievances to Congress. They desired the 
transfer of the garrison from Fort Gibson to Fort Smith or 
to some place within the boundaries of the Territory. Fort 
Gibson had been built in 1825, when Arkansas Territory 
included all the land as far west as the fort, but in 1828 
Congress ceded the land between Fort Gibson and the pres- 
ent western boundary of Arkansas to the Cherokee In- 
dians,^ thus leaving the troops — for whom land was re- 
served — some forty miles west of Arkansas and entirely 
within the Indian country. 

In support of the petition for the reoccupation of Fort 
Smith, which was just within the Territory, the following 
arguments were used. Fort Smith was more convenient, 
because it was the highest point of safe navigation on the 
Arkansas River, and the troops could be provided for more 

7 Publications of the Arkansas Historical Association^ Vol. Ill, p. 358. 

^American State Papers, Military Afairs, Vol. V, p. 240. 

» American State Papers, Military Affairs, Vol. V, pp. 242, 243, 261. 



THE MILITARY-INDIAN FRONTIER 1830-1835 403 



easily. Furthermore, the troops at Fort Gibson were sep- 
arated by Indians from the white settlements they were 
supposed to defend. Representative Dixon H. Lewis of 
Alabama, in a speech made on March 14, 1834, took np this 
question and declared: ^'I suppose it will not be contended 
that we keep up a standing army solely to defend the Indian 
tribes. The garrison is designed for our defence, and for 
no other purpose. ' ' He also discussed the charge made by 
the opponents of the removal that the people of Arkansas 
desired to secure the profits of furnishing supplies to the 
garrison, then numbering about five hundred men. **Such 
are not our objects ' \ he declared. ^ ^ But suppose they were, 
can your troops live without eating? Is it treasonable to 
procure supplies for them from the people of Arkansas, 
who have an abundance to supply them with!''^^ 

Curiously enough, one argument for the change in the 
location of forts was the corrupting influence of the soldiers 
on the Indians, a claim which was doubtless true, but which 
appears to have influenced the settlers far less than the 
hope of profitable trade. An argument appearing to be 
equally altruistic was the claim that the United States, 
having ceded the land to the Cherokees, had no right to the 
site of the fort for military purposes. Another argument 
was advanced by Representative William H. Ashley, who 
declared that the troops were not needed at Fort Gibson, 
for only one-tenth of the Indians on the frontier were lo- 
cated in its vicinity. Of the fifty-five Indian agencies at 
this time, he declared that forty-five were to the north or 
northwest of this point.^^ 

Those who favored the retention of the troops at Fort 
Gibson maintained that the garrison was necessary there 
for the purpose of protecting the Santa Fe Trail, which was 

10 Register of Debates, 1st Sess., 23rd Cong., p. 2995. 

11 Begister of Delates, 1st Sess., 23rd Cong., p. 2985. 



^04: IOWA JOURNAL OF HISTORY AND POLITICS 



ill more danger than were the settlements. In answer to 
the charge that the government had no right to the site, it 
was pointed out that the land for this reservation, and for 
a road to it, had not been ceded to the Indians by the treaty 
of 1828.^^ When Eepresentative G. E. Gilmer of Georgia, 
in defending the location of the troops at Fort Gibson, de- 
clared that the Cherokees were civilized and that the settlers 
did not need protection from them, he was met by the sharp 
retort from Mr. Lewis that the Indians must have become 
very suddenly civilized since their departure from Georgia, 
only a short time before.^^ 

The appropriation of $25,000 for new barracks at Fort 
Gibson was strongly opposed. Eepresentative Ambrose H. 
Sevier of Arkansas Territory moved that an appropriation 
of $10,000 for Fort Smith should be substituted for the 
former bill, and declared that he had a petition with eleven 
hundred signatures praying that Fort Smith should be re- 
occupied. The appropriation was finally reduced to $5,000 
for temporary repairs at Fort Gibs.on.^^ 

The War Department, indeed, would have found it diffi- 
cult to satisfy the demands of the frontier settlements for 
forts — although the troops were desired strictly for the 
purpose of coercing the Indians and not to enforce the laws 
on the white men. 

THE ORGANIZATION OF THE ARMY 

The number of men in the entire regular army of the 
United States in 1830 was 5951,^^ divided between the east- 

12 Register of Delates, 1st Sess., 23rd Cong., p. 2983. 

13 Register of Delates, 1st Sess., 23rd Cong., pp. 2985, 2994-2997. 

The Cherokees resolutely fought all attempts of Georgia to remove them, but 
finally yielded in 1836, and the last group left Georgia in 1838. After Presi- 
dent Jackson refused to enforce the decision of the Supreme Court in their 
favor, however, many accepted the government's offer of western lands. — 
Parker's The CheroTcee Indians, pp. 18-49. 

14 Register of Debates, 1st Sess., 23rd Cong., pp. 2879, 2980. 
Fort Gibson was not abandoned, however, until 1857. 

15 American State Papers, Military Affairs, Vol. IV, p. 591. 



THE MILITARY-INDIAN FRONTIER 1830-1835 405 



ern and western departments. It is evident therefore that 
the number of regular troops available for service on the 
western military frontier must have been very small. The 
line separating the two departments ran from the southern- 
most point of Florida to the northwestern extremity of 
Lake Superior; and according to this division some of the 
western forts, such as Fort Howard, were in the eastern 
department.^'^ During the period from 1830 to 1835, the 
commanding officer of the western department was Major 
General Edmund P. Gaines, while Major General Winfield 
Scott was in charge in the east. 

In 1831 a proposed reorganization of the army provided 
that on a peace footing the army should consist of about 
6000 men and 544 officers. A company was to consist of 
fifty men under three officers, and a regiment was to be 
made up of four hundred men and thirty-six officers. It 
was estimated that this force could be expanded in time of 
war to an army of 24,060 men, with 824 officers. Companies 
would then contain one hundred men, and regiments 1604 
men and fifty- three officers. ^"^ 

The men were paid every two weeks, unless their expedi- 
tions made this impossible. Private soldiers in 1831 re- 
ceived five dollars per month, non-commissioned officers 
slightly more, the highest pay given to men of this class 
being ten dollars a month. They were also provided with 
food, clothing, and medical attendance, although these were 
not of a quality equal to that furnished soldiers to-day. 
They were also supplied with a whiskey ration until De- 
cember, 1830, when this custom was abolished; although it 
was still easy for soldiers to buy liquor.^^ The average 
cost of the clothing furnished each soldier in 1834 was 
$30.93.1^ 

16 American State Papers, Military A fairs, Vol. V, p. 294. 

17 American State Papers, Military Afairs, Vol. IV, p. 638. 

18 American State Papers, Military Afairs, Vol. IV, pp. 640, 718. 

19 American State Papers, Military Afairs, Vol. V, p. 237. 



406 IOWA JOURNAL OF HISTORY AND POLITICS 



Neither the number of men, nor the plan of organization 
changed greatly during this period. The western army con- 
tained about half the entire number in the regular forces, 
and its men differed very little in character from those sta- 
tioned in the eastern forts.^^ 

The most characteristic western troops were the mounted 
rangers or dragoons, who were intended for Indian fighting 
only. As early as 1831 Secretary of War Lewis Cass had 
advocated the establishment of a corps of mounted men, 
to be stationed at the most exposed points, and to be always 
prepared to follow every party that may attempt to inter- 
rupt the peace of the border These rangers were or- 
ganized into six companies of one hundred and ten men 
each and were to serve for one year. It was expected that 
frontier men would enlist in these companies and that they 
would be superior to the regular private soldiers. Never- 
theless, in December, 1832, the committee on military af- 
fairs of the House of Eepresentatives reported that the 
mounted rangers were inferior to regular cavalry. The 
companies were too large, and only one field officer was pro- 
vided for six hundred and sixty men. The committee 
further argued that these mounted rangers were expensive 
and that regular cavalry armed with rifles would be able to 
perform all the duties for which they had been organized. 
Moreover, a regiment of cavalry would cost $153,932 per 
year less 'than the battalion of rangers.^^ 

Mounted men were, however, a necessity. '^Our perma- 
nent military posts,'' said the Secretary of War in 1832, 

garrisoned by infantry, exert a moral influence over the 
Indians, and protect important and exposed positions. But 

20 In 1834, the entire army consisted of 6054 men, including 363 dragoons. — 
Niles ' Eegister, Vol. 46, p. 381. 

21 Eegister of Debates, 1st Sess., 22nd Cong., p. 14, in Appendix. 

22 American State Papers, Military A fairs, Vol. V, p. 126. See also p. 40. 



THE MILITARY-INDIAN FRONTIER 1830-1835 407 



to overtake and chastise marauding parties and, in fact, to 
carry on any serious operations against an Indian foe in the 
level regions of the west, horsemen are indispensably nec- 
essary.''^^ 

The suggestion was adopted and provision was made for 
a regiment of dragoons, who were to combine the mobility 
of the rangers with the general features of the regular cav- 
alry. In 1833 the Secretary of War made the following 
report : 

The act for the better defence of the frontiers by raising a regi- 
ment of dragoons is in the process of execution. About six hundred 
men have been enlisted and most of the officers appointed, and five 
of the companies have been ordered to proceed to Fort Gibson, upon 
the Arkansas, where they will be stationed during the winter. The 
remainder of the regiment will be concentrated at Jefferson Bar- 
racks this season, and it is intended in the spring to order the whole 
to proceed through the extensive Indian regions between the west- 
ern boundaries of Missouri and Arkansas and the Rocky mountains. 
It is deemed indispensable to the peace and security of the frontiers 
that a respectable force should be displayed in that quarter, and 
that the wandering and restless tribes who roam through it should 
be impressed with the power of the United States by the exhibition 
of a corps so well qualified to excite their respect. These Indians 
are beyond the reach of a mere infantry force. Without stationary 
residences, and possessing an abundant supply of horses, and with 
habits admirably adapted to their use, they can be held in check 
only by a similar force, and by its occasional display among them. 
Almost every year has witnessed some outrage committed by them 
upon our citizens, and, as many of the Indian tribes from the coun- 
try this side of the Mississippi have removed and are removing to 
that region, we may anticipate their exposure to these predatory 
incursions, unless vigorous measures are adopted to repel them. 
"We owe protection to the emigrants, and it has been solemnly prom- 
ised to them ; and this duty can only be fulfilled by repressing and 
punishing every attempt to disturb the general tranquillity .^^ 

23 American State Papers, Military Afairs, Vol. V, pp. 19, 126. 

2^ American State Papers, Military Afairs, Vol. V, p. 170. 

The mounted rangers had cost $297,530 annually per corps, a regiment of 



408 IOWA JOURNAL OF HISTORY AND POLITICS 



These dragoons were for many years a permanent fea- 
ture of the frontier. The statistics concerning the forts 
given above indicate the number and location of the various 
companies. They were used, for the most part, in the 
southwest and central west; but were seldom employed in 
the north, where rivers and lakes offered the best method 
of transportation. 

The two great evils of which complaint was made by the 
military officers of this period were intemperance and de- 
sertion. In respect to the former, it is only necessary to 
note that it was common in all occupations and classes and 
was doubly prevalent among men who were deprived of 
home influences and subjected to periods of idleness fol- 
lowed by weeks of severe toil. For many years liquor had 
been furnished as a part of the rations, and there was 
nothing in the life of the private soldier, at least, to 
strengthen him against a habit acquired, perhaps, before he 
enlisted. According to the Secretary of War, the amount of 
liquor furnished to the army in 1830, just before the abol- 
ition of this custom, was 72,537 gallons, at a cost of $22,132. 

Intemperance often led to desertions, which were alarm- 
ingly frequent, and numerous enough to indicate a vital 
weakness, either in the character of the men enlisted or in 
their treatment afterwards. It is clear that the temptation 
to desert must have been great. The pay was small, the 
work difficult, and there was little chance for the private to 
advance beyond the rank of a non-commissioned officer. In 
addition to these facts, escape in most cases was easy, and 
the punishment when a deserter was captured was usually 
imprisonment and hard labor — a situation little more 

dragoons about $143,598. — American State Papers, Military A fairs, Vol. V, 
p. 18. 

The cost of recruiting the dragoons up to September 30, 1838, was $5,663.55. 
— American State Papers, Military A fairs. Vol. V, p. 181. 



THE MILITARY-INDIAN FRONTIER 1830-1835 409 



burdensome than Ms life had been before, except for the 
dishonor, for his guards were fellow-soldiers and all sol- 
diers were kept at work. 

Statistics of the number of desertions from these western 
posts are not available, but the number of desertions from 
the entire army in 1830 was 1251, and in 1831 the number 
was 1450. When compared with the number of soldiers, the 
number of desertions — more than one-fifth of the total 
— is noteworthy. The financial loss from this cause in 
1831 was estimated at $118,321. In 1833 it was stated that 
desertions for a given period averaged a third less than 
during the previous year.^^ 

Death at the hands of the enemy was less frequent for the 
regular soldier on the frontier than might have been ex- 
pected, even during the Black Hawk War. In times of 
peace the number of deaths was small, except in cases of 
epidemics. The number of deaths in the year preceding 
January 7, 1832, was one hundred and twenty-six, twenty- 
two of which resulted from intemperance and twenty-one 
from consumption.^^ 

In 1832 the soldiers along the western frontier met their 
most deadly foe. This was not Black Hawk, whom they 
had been sent west to fight, but the Asiatic cholera, which 
came with them on their trip around the Great Lakes from 
the eastern cities where it was already raging. Many sol- 
diers died on the way and many deserted, terrified by an 
enemy whom no one knew how to meet. 

When the "Sheldon Thompson", one of the transports, 
reached Fort Dearborn in July, 1832, the fort was con- 
verted into a hospital, which held two hundred men seized 
with the plague, fifty-eight of whom died. The two com- 

25 American State Papers, Military Afairs, Vol. IV, pp. 708, 709, 727, Vol. 
V, p. 173; Niles' Register, Vol. 41, p. 340. 

26 mies ' Register, Vol. 41, p. 340. 



410 IOWA JOURNAL OF HISTORY AND POLITICS 



paiiies under Major William Whistler already there were 
moved out of the fort and suffered less than the newcomers. 
It was no wonder that all classes of people were panic- 
stricken by a disease which medical science was powerless 
to control. Even the army surgeons deserted their places 
of duty, and General Scott, then in command, was obliged 
to leave his troops to recover as best they could, while he 
went to Prairie du Chien to take charge there. When the 
fighting was over he went to Fort Armstrong, where he 
ordered his troops to assemble. Here again, they were con- 
fronted by the unconquerable enemy. General Scott was 
not, however, lacking in the courage and determination re- 
quired by this emergency. He advised precautions in dress 
and cleanliness, but he was convinced that it was *^intem- 
PEKANCE, which, in the present State of the atmosphere gen- 
erates & spreads the calamity, and that when once spread 
good and temperate men are likely to take the infection." 
He therefore issued the peremptory command that every 
Soldier or Eanger, who shall be found drunk or sensibly 
intoxicated, after the publication of this order, be com- 
pelled, as soon as his strength will permit, to dig a grave at 
a suitable burying place, large enough for his own recep- 
tion, as such a grave cannot fail soon to be wanted for the 
drunken man himself, or some drunken companion. ''^^ 

The conditions at Fort Armstrong are indicated in the 
following description: 

The troops were camped in tents in close order exposed for sev- 
eral days to cold rains. The groans and screams of the afflicted, 
audible to everyone, added to the horror of the scene. In the face 
of this situation the hearts of the stoutest quailed. Through it all 
General Scott ministered personally to the wants of the afflicted, 

27 Manuscript copy of Dodge 's Military Order Book, in possession of The 
State Historical Society of Iowa; Quaife's Chicago and the Old Northwest, 
167S-1835, pp. 331, 377. 



THE MILITARY-INDIAN FRONTIER 1830-1835 411 



officers and privates alike, freely exposing himself to disease and 
death in the most terrible form, and by his example exciting con- 
fidence and courage in all. The ravages of the cholera were finally 
checked b}^ removing the troops from their camp on Rock Island to 
small camps on the bluffs on the Iowa side of the Mississippi .28 

Other expeditions suffered from the same cause. Six 
companies of regular troops sent west from Fortress Mon- 
roe lost half their number.^^ In the South epidemics were 
also frequent. In 1833 the Secretary of War reported that 
work on the new barracks at New Orleans had been sus- 
pended because of malignant diseases ".^^ Sanitation, in- 
deed, appears to have attracted but little attention from the 
medical corps at this time. 

THE TEOOPS AND THE INDIANS 

The chief reason for the maintenance of troops at these 
western posts was undoubtedly the protection of the set- 
tlers against the Indians. White men were taking up farms 
on the hunting grounds of the red men and game was driven 
away. At intervals this pressure upon the Indians became 
unbearable, and Indian wars like the Winnebago uprising 
of 1827 and the Black Hawk War of 1832 were the results. 
These, however, were merely the outward manifestations of 
the hostility always present between the Indians and the 
pioneers. The soldiers were there partly to compel the In- 
dians to submit to their destiny, peaceably if possible, 
forcibly if necessary. 

In his report for 1831 Secretary Cass recommended that 
the Indians be removed to the west of the organized Terri- 
tories and States and maintained in the land assigned to 
them; that liquor should be excluded; and that a sufficient 
military force should be provided to enforce the Federal 

28 Quaife's Chicago and the Old Northwest, 1673-1835, pp. 336, 377. 
2QNiles' Eegister, Vol. 43, p. 172. 

so American State Papers, Military Afairs, Vol. V, p. 183. 



412 IOWA JOURNAL OP HISTORY AND POLITICS 



laws. Within their own territory, the Indians were to be 
independent, although they were to be furnished instructors 
and encouraged to take up property and to engage in agri- 
culture. Already the Shawnees, Senecas, Ottawas, and 
Maumees of Ohio had promised to move westward and the 
Wyandots had gone to inspect the land. The Cherokees of 
Georgia had made a treaty on May 6, 1828, in which they 
agreed to remove, but it was some years before they finally 
abandoned their homes.^^ 

The year following this report (1832) was marked by the 
Black Hawk War in the north. The story of this struggle 
has been told so often that it needs no discussion here. 
Hostilities between the Menominees and the Sacs and Foxes 
in the vicinity of Fort Crawford and the occupation of the 
Indians' cornfields by the settlers at Eock Island had 
caused threats of war in 1831, but General Gaines succeeded 
in patching up an agreement. The Sacs promised to remain 
west of the Mississippi Eiver, the volunteers were dis- 
banded, and the regular troops returned to Jefferson Bar- 
racks.^2 

The next year the war broke out in earnest and it re- 
quired the concentration of troops from several forts, both 
east and west, to defeat the warriors under Black Hawk. 
The advantage of trained troops over militia, however 
brave, was evident in the campaigns in northern Illinois 
and southern Wisconsin, although the soldiers were greatly 
terrified by the cholera. None of the regular forts were 
captured by the Indians, and without them the struggle was 
hopeless. The five forts within range of Black Hawk's 
operations, however, were filled with terrified settlers who 
sought military protection. Even here they momentarily 
expected an attack. Fort Winnebago was surrounded by 

31 American State Papers, Military Affairs, Vol. IV, pp. 715, 716. 

32 American State Papers, Military Afairs, Vol. IV, pp. 716, 717. 



THE MILITARY-INDIAN FRONTIER 1830-1835 413 

supposedly friendly Winnebagoes, yet many settlers fled 
from there to Fort Howard, where they found people 
scarcely less terrified.^^ 

The close of the war saw a great emigration of the In- 
dians. Settlers flocked to the Mississippi River, crossed it, 
and followed close on the heels of the retreating Indians. 
The marches of the troops had helped to make known the 
wonderful fertility of the region and a great wave of immi- 
gration was the result. 

In the South the Indians were being removed rapidly 
during the period from 1830 to 1835. In this case, the In- 
dians had to cross, not only the Mississippi Eiver, but a 
section of country already organized into States or Terri- 
tories and containing a rapidly growing population. Many 
of the southern Indians, tired of the struggle against laws 
which operated always to their disadvantage, had already 
settled beyond the western boundary of Arkansas. In 1833 
these Creeks and Cherokees were reported as being pros- 
perous and as developing agriculture and schools.^^ It was 
among them that Fort Gibson was located and it was fear 
or pretended fear of them which influenced the people of 
Arkansas to demand the reoccupation of Fort Smith, in 
order that they might have troops between them and the 
Indians. 

During that year about 15,000 Choctaws crossed the Mis- 
sissippi to new homes on the Arkansas River. In the fall 
of 1832 some 2200 people of this nation had arrived at 
Memphis to embark on the steamboat for Rock Roe on the 

33 A description of conditions at Fort Winnebago and Fort Howard is given 
in Kinzie's Wau-Bun, pp. 322-346. 

34 mies ' Register, Vol. 43, p. 346. 

It was reported that these Indians raised 78,000 bushels of corn in a season. 
Possibly they were furnishing the troops with supplies, much to the displeasure 
of the whites, who believed that the troops existed for their advantage and for 
theirs only. 



414 IOWA JOURNAL OF HISTORY AND POLITICS 



White River, where the United States officials would meet 
them with teams and wagons and transport them to their 
reservation. Every effort was made to convince the In- 
dians and the whites who sympathized with them that those 
who removed were contented. One of the Choctaws had 
taken a government contract to furnish supplies. The 
Secretary of War declared that the land assigned the In- 
dians west of the Mississippi was * ^fertile, salubrious, and 
as extensive as they and their descendants for many gener- 
ations can require. . . . It is fortunate for the Indians 
themselves, and for the great cause of humanity, that the 
efforts of the government to persuade them peaceably and 
voluntarily to remove are every year crowned with more 
and more success. ''^^ This concentration of Indians along 
the Arkansas River explains the number of forts built in 
this vicinity and the apparently large number of soldiers 
stationed there, as shown in the table given above. 

All along the line the military officers were busy, ar- 
ranging for the removal of the Indians, keeping settlers off 
unceded lands, and attempting to enforce the so-called 
intercourse laws which were intended to regulate trade with 
the Indians. Owing to the difficulties of interpreting the 
law of 1816, Congress in 1834 passed a new act designed to 
settle all disputes. In the first place, it defined the Indian 
country as ^'all that part of the United States west of the 
Mississippi, and not within the states of Missouri and 
Louisiana, or the territory of Arkansas, and, also, that part 
of the United States east of the Mississippi river, and not 
within any state to which the Indian title has not been 
extinguished ' \ 

For purposes of administration, the Indian country west 
of the Mississippi and north of a line drawn along the 

S5 American State Papers, Military A fairs, Vol. Y, pp. 171, 172; Niles' Beg- 
ister. Vol. 43, p. 210. 



THE MILITARY-INDIAN FRONTIER 1830-1835 415 



northern boundary of the Osage country eastward to the 
boundary of Missouri was attached to the State of Mis- 
souri; the region south of this line and extending to the Red 
River was to belong to Arkansas for the purposes of law- 
enforcement. The Indian country east of the Mississippi 
was attached to the State or Territory in which it was 
situated. 

Within this Indian country certain definite regulations 
applied, and the President was empowered to use military 
force to compel obedience and to remove intruders. Mili- 
tary officers might give passports to foreigners, permitting 
them to travel in the Indian country, and any officer might 
seize liquor intended for the Indians, though supplies of 
beverages for officers and troops were admitted. 

Section twenty-three of this act defined and restricted the 
powers of military officers on the frontier as follows : 

That it shall be lawful for the military force of the United States 
to be employed in such manner and under such regulations as the 
president may direct, in the apprehension of every person who 
shall or may be found in the Indian country, in violation of any of 
the provisions of this act, and him immediately to convey from said 
Indian country, in the nearest convenient and safe route, to the 
civil authority of the territory or judicial district in which said 
person shall be found, to be proceeded against in due course of law : 
and also, in the examination and seizure of stores, packages and 
boats, authorized by the twentieth section of this act, and in pre- 
venting the introduction of persons and property into the Indian 
country contrary to law ; which persons and property shall be pro- 
ceeded against according to law : Provided, That no person appre- 
hended by military force as aforesaid, shall be detained longer than 
five days after the arrest and before removal.^^ 

THE SOLDIERS AND THE SETTLERS 

The enforcement of the intercourse acts brought the mili- 
tary forces into conflict with the settlers, who were the most 

United States Statutes at Large, Vol. IV, pp. 729-735; Niles' Register, 
! Vol. 46, pp. 373-375. 



41G IOWA JOURNAL OP HISTORY AND POLITICS 



influential class on the frontier, for they were either voters 
or prospective voters, while the Indians were not. The 
pioneers approved of the use of military force against the 
Indians. In fact they often demanded it to defend the pos- 
sessions they had taken from the Indians, but whenever the 
troops were used to protect the Indians from spoliation and 
robbery, the act was denounced as an outrage. 

The frontier courts did not hesitate to give preference to 
the settlers, and the difficulties of the army officers in apply- 
ing the Federal laws were somewhat increased by this bias 
of the judicial authorities. For example, in 1829 Major 
Stephen W. Kearny of Fort Crawford, at the request of 
Joseph M. Street, the Winnebago Indian agent, arrested a 
foreigner by the name of Jean Brunett, who had set out 
with a party of men to cut timber on an island in the Mis- 
sissippi Eiver. He was arrested on the ground that he had 
no right in the Indian country, and was kept in custody for 
some time. Major Kearny and Mr. Street were later (in 
1831) sued for illegal arrest and compelled to pay fines and 
court expenses to the amount of $1,374.78%. There appears 
to have been some dispute as to whether the island was 
Indian country, but Judge Doty of the Territorial court 
decided the case against the two officers on the ground that 
the power to expel intruders was granted to the President 
by the act of 1816, and that military officers and Indian 
agents must have specific orders from him. Unless such 
orders could be produced, the officers had no legal power to 
arrest a man even though he was a foreigner committing an 
illegal act. Later, however. Congress reimbursed the two 
men for the money they had spent. In a case of this kind it 
is evident that the law was inadequate or else the court was 
opposed to military authority — probably both. 

On the other hand, there was clearly a possibility that 
military officers might disregard the civil authorities. A 



THE MILITARY-INDIAN FRONTIER 1830-1835 417 



letter from Joseph M. Street to Major David E. Twiggs, 
written about the time of the former incident, contained the 
following account : 

A few days past a large quantity of walnut plank was seized by 
me and delivered into the care of Major K. Mr. Lockwood, from 
Galena, came up ; the timber has been claimed, and an attempt to re- 
plevy it out of the possession of Major K. The sheriff was guilty, 
[quietly] .... walked out of the fort, and no attention 
paid to his writ. Thus it will remain until the will of the govern- 
ment is known.^"^ 

The efforts of the army officers to protect the settlers 
were, of course, much more popular. Although the settlers 
resented military interference with their business — which 
was frequently robbing the Indians — they were much in 
favor of having troops in their locality, as has already been 
pointed out in the discussion of the location of the forts. 
In 1835 the people of Clay County, Missouri, sent a memo- 
rial to Congress asking for protection. Situated, as we 
are, upon the extreme western boundary of the United 
States, and of Missouri, they declared, ^*we must neces- 
sarily be exposed to depredations from the numerous tribes 
of Indians, whose proximity renders them a source of in- 
creasing solicitude and apprehension to the people of the 
Missouri frontier.'' The memorialists requested that a 
line of forts should be established from the Upper Missis- 
sippi to the Red Eiver, each garrisoned by one company of 
infantry and two companies of dragoons. These posts were 
to be located as follows: (1) at the Des Moines Rapids of 
the Mississippi River, (2) at the Raccoon Fork of the Des 
Moines River, (3) at the point where the northern line of 
Missouri^^ would strike the Missouri River, (4) at Fort 

37 American State Papers, Military Affairs, Vol. V, pp. 9, 10. 

38 At this time the present northwest corner of Missouri was not included in 
the State. It was formally annexed in 1837. 

VOL. XV — 28 



418 IOWA JOURNAL OF HISTORY AND POLITICS 



Leavenworth, (5) at Harmony Mission on the Neosho River 
below the Osage Agency, (6) at Fort Gibson, (7) between 
the Arkansas and the Red rivers, and (8) on the Red River. 
This would have resulted in strengthening the line in the 
north central part. These forts would have been from one 
hundred to one hundred and twenty miles apart, twenty or 
thirty miles from the settlements, and were to have been 
connected by military roads, which the settlers insisted 
ought to be patrolled by the dragoons. This service would 
be much more valuable, they urged, than the expeditions to 
the Rockies, where they were ^ ' of no earthly service to the 
government". It was also suggested that the troops ought 
to be removed from Jefferson Barracks, which was no 
longer on the frontier.^^ 

As examples of the work of the soldiers along the fron- 
tier, a few cases may be briefly mentioned. In 1830 troops 
were sent to Prairie du Chien to prevent intertribal wars 
and to remove the white intruders at Dubuque's Mines. 
The officer at Fort Gibson was ordered to pacify the Arkan- 
sas Indians, if he had to use force to do so, and two com- 
panies of infantry from Jefferson Barracks were ordered 
to the Choctaw territory on the Red River to preserve or- 
der. An additional danger, at times, threatened the south- 
ern frontier. It was feared that the colored people would 
revolt and frequent requests were made for troops to guard 
against this danger, though no such event occurred along 
the Mississippi River. 

EXPEDITIONS AND WOEK OF TROOPS 

It has already been explained that mobility was the qual- 
ity most necessary in frontier troops. In times of peace 
they were employed in work on the fort buildings and on 

39 American State Papers, Military Affairs, Vol. V, pp. 729, 730. 

40 American State Papers, Military Affairs, Vol. IV, pp. 588, 589, 717. 



THE MILITARY-INDIAN FRONTIER 1830-1835 419 



military roads, or in making expeditions into the country 
west of the white settlements in order to demonstrate to the 
Indians the number and efficiency of the white soldiers. 
In order to concentrate troops at points where there was 
most danger of hostilities, the garrisons were shifted from 
place to place, although it appears that the number of men 
at the western posts between 1830 and 1835 was approx- 
imately the same for each of the years during the period. 

In 1831 Fort Dearborn was entirely abandoned and the 
two companies of the fifth infantry from there were sent to 
Fort Howard to relieve the four companies of the same 
regiment stationed at that point. These, in turn, were 
ordered to Fort Winnebago, the garrison of which was sent 
to Prairie du Chien. This not only strengthened Fort 
Crawford where the danger was greatest, but the movement 
of the troops from fort to fort, formed a sort of military 
parade along the whole northern frontier. At the same 
time the entire seventh regiment was stationed at Fort Grib- 
son, and the third regiment was sent to garrison the posts 
on the Red River, including the new post on the Kiamichie, 
where four companies were located.^^ 

The purpose of this arrangement in the south is stated as 
follows in the words of the Secretary of War in his report 
for 1831 : 

The positions of the 3d and 7th regiments are favorable to the 
affording of facilities to the Indians emigrating, under the provi- 
sions of the acts of Congress, to the country marked out for them 
west of the boundary of the Territory of Arkansas, and at the same 
time to the protection of them in their new abodes from the attacks 
of unfriendly tribes, and those wild hordes with whom they are as 
yet unacquainted. The troops there stationed will also, by their 
presence and force, exert a beneficial influence over the conduct of 
the various tribes, and be instrumental in maintaining harmony 
and peace among them.^^ 

41 American State Papers, Military Affairs, Vol. IV, p. 717. 

42 American State Papers, Military Affairs, Vol. IV, p. 717. 



420 IOWA JOURNAL OF HISTORY AND POLITICS 



Less than a year after the abandonment of Fort Dear- 
born a g^arrison was reestablished at that post, Major 
Whistler being ordered from Fort Niagara to Chicago with 
two companies of the second infantry. He arrived in June, 

1832, in time to take part in the Black Hawk War, and for 
the third time Fort Dearborn was occupied by troops.^^ 

These strictly military expeditions, however, did not con- 
stitute by any means the entire activities of the frontier 
troops. In June, 1832, just at the outbreak of the Indian 
war. Lieutenant James Allen, with a corporal and nine men, 
was detailed from Fort Brady in Michigan Territory to 
accompany Henry E. Schoolcraft on an expedition to the 
region at the source of the Mississippi Eiver. Schoolcraft 
had been sent to vaccinate the Indians and to make scien- 
tific investigations. Lieutenant Allen made a report of the 
expedition to the War Department, giving descriptions of 
the country, the people, and its topography, including a 
map of the route and the surrounding country.^* 

The most important expeditions made during this period 
were those by Colonel Henry Dodge with his rangers and 
dragoons. The first expedition of the new regiment was in 

1833, when Colonel Dodge made a circuit in the Winnebago 
country, recovered eight prisoners who had escaped at the 
beginning of the war, and removed the Winnebagoes across 
the Wisconsin River, from the lands ceded at the treaty 
made in 1832 at Rock Island. Colonel Dodge made a speech 
to the Indians at Fort Winnebago, and on J une 22, 1833, he 
was answered by Whirling Thunder, a Winnebago chief, 
who said in part: ^'I have taken my foot from off your 
land : I will not put it down there again ; — we will remain 

43 Quaife's Chicago and the Old Northwest, 1673-183S, p. 327. 

American State Papers, Military Afairs, Vol. V, pp. 312-344. The report 
and journal of the expedition were submitted to General Macomb on November 
25, 1838. 



THE MILITARY-INDIAN FRONTIER 1830-1835 421 



on our own ground — we hope that you will remain on 
yours. ''^^ 

The following year Colonel Dodge, then in command of 
the dragoons, made a long march towards the Platte River. 
Five companies of dragoons had been marched to Fort 
Gibson in the fall of 1833, and the following spring the re- 
maining five companies were moved from Jefferson Bar- 
racks to Camp Jackson, a short distance from Fort Gibson. 
It was from this place that the expedition, consisting of 
nine companies of dragoons containing about five hundred 
men, set out. Colonel Dodge was accompanied by Lieuten- 
ant Colonel Stephen W. Kearny and Major R. B. Mason as 
subordinate officers. 

The line of march took them to Fort Leavenworth, where 
one hundred and ninety-five men were left. The remainder 
of the command continued the march through the hot sum- 
mer days over the treeless prairies, until on July 20, 1834, 
they reached the Pawnee village. After a conference with 
the natives and a short rest, the expedition returned, ar- 
riving at Fort Gibson on August 15, 1834, having been ab- 
sent just two months.^ ^ 

This expedition, difficult as it was, was surpassed by one 
made the year following. Leaving Fort Leavenworth on 
May 29, 1835, with three companies of dragoons. Colonel 
Dodge marched northwestward along the west bank of the 
Missouri River to the Platte River, then along the south 
bank of this stream. After following the south fork of the 
Platte to a point near its source, the dragoons made a de- 
tour southward and began their return. They had reached 
a point not far from Pike's Peak. The return journey fol- 

45 mies ' Register, Vol. 45, p. 10. 

For a complete account of Colonel Dodge's expeditions see Pelzer's Henry 
Bodge, pp. 67-127. 

American State Papers, Military A fairs, Vol. V, pp. 373-382; Pelzcr's 
Henry Dodge, pp. 94-112. 



422 IOWA JOURNAL OP HISTORY AND POLITICS 



lowed the Santa Fe road for the most part and on Septem- 
ber 16th the exhausted men and horses again reached Fort 
Leavenworth.'*'^ 

The military expeditions and the necessity of transfer- 
ring men rapidly from one post to another brought the 
question of roads before the War Department. There was, 
of course, no possibility of providing roads for such an ex- 
pedition as the last one made by Colonel Dodge, but along 
the military frontier held by the forts there was need of 
communication. In this respect, the forts may be consid- 
ered in two groups : first those in the North, from Fort 
Howard to Prairie du Chien; and secondly those in the 
South, including Jefferson Barracks and the line of forts 
along the boundary of Arkansas Territory. The Missis- 
sippi River furnished a means of transportation through 
the region lying between these two groups of forts. 

The roads on the western frontier, which had already 
been constructed by 1830, are indicated in Table II (see p. 
423). 

By 1830 there had been constructed in the western part 
of the United States, beyond the closely settled districts, 
some 1333 miles of what were termed military roads, of 
which 1204 had been constructed by the labor of the sol- 
diers. As a rule, only the most necessary work, such as 
cutting away trees and perhaps bridging streams, was per- 
formed. 

The cost of these roads can not be easily estimated, since 
the work was partly done by the soldiers, who usually re- 
ceived extra pay for such duty, and partly by civilian em- 
ployees. For the first three quarters of the year 1830, the 

47Pelzer's 'Henry Bodge, pp. 113-127; map in the report on Eegulating the 
Indian Department, May 20, 1834, in House Eeports, 1st Sess., 23rd Cong., 
No. 474. 



THE MILITARY-INDIAN FRONTIER 1830-1835 423 



Table II 
Roads in the West in 1830 



Location 


Length 


Part by 


Dates 


By what 
Authority 


Cost 

(if given) 


Madisouville, 
Louisiana, to a 
point 21 miles north 
of Muscle Slioals 
crossing on the 
Tennessee River 


392 


392 


1817-1820 


Act of Congress, 
April 27, 1816, 
and by order of 
War Department 




From Bay of St. 
Louis in Mississippi 
to intersect the 
above road 


48 


48 


1818-1819 


Order Major 
General Ripley of 
8th military 
department 




Council Bluffs to 
the Grand Kiver 
in Missouri 




oUU 




By order of 
Brigadier General 
Atkinson 




Little Eock, 
Arkansas, to 
Fort Gibson 


208 


82 


May-December, 
1827 


Act of Congress, 
March 3, 1825 


$10,741.74 


Fort Towson to 
northern boundary 
of Louisiana 


168 


168 


October, 1827, 
to March, 1828 


Act of Congress, 
March 3, 1827 


$11,999.46 


Northern boundary 
of Louisiana to 
Natchitoches 


94 


94 


1827-1828 


Order of War 
Department 


Fort Smith to 
Fort Towson 


123 


20 


Begun 1828 
Unfinished 


Act of Congress, 
March 3, 1827 


$881.26 48 



extra pay given the troops for road building and other 
forms of labor amounted to $13,787.54.^^ 

During the period from 1830 to 1835 there occurred 
events which emphasized the need of roads, especially in 
the northwest. The regular and militia officers who led 
their men through the timber and prairies of southern Wis- 
consin and northern Illinois, realized as many of them had 
not done before the convenience of established highways. 

48 American State Papers, Military Affairs, Vol. IV, pp. 626, 627. 
4» American State Papers, Military Affairs, Vol. IV, p. 629. 



424 IOWA JOURNAL OF HISTORY AND POLITICS 



Tlio Quarter-Master General discussed this matter in his 
report for 1832. ^'The difficulties experienced ^n the recent 
operations against the Indians in the movement of troops 
and the transportation of supplies he declared, prove 
the necessity of several good roads to intersect the exten- 
sive territory lying between the frontier settlements of 
Indiana and Illinois, Lake Michigan, and the Fox and Wis- 
consin rivers ; and I respectfully recommend, as a most im- 
portant measure for the protection and defence of the 
northwestern frontier, that roads be authorized from Chi- 
cago to Galena, from Chicago to Fort Winnebago, and from 
the latter to Galena, as well as from some suitable points 
on the Illinois river to Chicago, and to intersect the road 
thence to Galena. ''^^ 

Congress had already — on December 22, 1831 — made 
provision for an oijen road from Fort Howard to Prairie 
du Chien, but work was not begun until later. 

The officers of Fort Winnebago, realizing their isolated 
position, sent the following petition to the Secretary of 
War: 

Sir: The undersigned officers of the United States army, sta- 
tioned at Port Winnebago, near the Pox and Wisconsin rivers, 
taking into consideration the great difficulties which exist at all 
times in the navigation of these rivers, and more particularly at 
low stages of water, and at the close of the season, as the fall sup- 
plies do not arrive either at Green Bay or Prairie du Chien in suf- 
ficient season to he transported up either of the rivers in boats, 
owing, as before stated, to the natural obstruction to navigation, 
are induced to trespass upon the honorable Secretary this repre- 
sentation, with a view of inviting the attention of the honorable 
representatives of the United States Congress to take into consider- 
ation the propriety of making an appropriation of a few thousand 
dollars for the purpose of repairing a road from Green Bay to a 
place called the Blue Mounds, in the Territory of Michigan, a dis- 

50 American State Papers, Military Afairs, Vol. V, p. 41. 



\ 



THE MILITARY-INDIAN FRONTIER 1830-1835 425 

tance of about 160 or 170 miles. A great proportion of this road 
requiring not the improvement of art, it heing over a smooth and 
dry prairie country, the labor would be principally in the erection 
of a few short bridges, and making causeways over a few narrow 
swampy places. The undersigned are further influenced in making 
this appeal in the belief that facilities are necessary to be given for 
the transmission of military supplies, and also for the purpose of 
keeping up a lively intercourse between the military posts on this 
northwestern border.^i 

In 1832 instructions were given by the War Department 
for the survey of this road. The task was begun on October 
21, 1832, by Lieutenant Center, and in 1835 he and T. D. 
Doty reported that the survey had been completed. It was 
estimated that this road would be about one hundred miles 
shorter than the water route between Fort Howard and 
Fort Crawford, which was variously estimated at from 
three hundred to three hundred and sixty miles, and often 
required twenty days for the trip.^^ 

The road as laid out by the two surveyors, ran almost 
parallel to the natural boundary between the Menominee 
and Winnebago Indians — the water route between Fort 
Howard and Fort Crawford. From Green Bay to Fort 
Winnebago, it was laid out through the woods and required 
considerable labor in cutting trees and bridging streams. 
But from Fort Winnebago to Fort Crawford it ran through 
prairie country and for the most part was simply marked 
out by parallel furrows. Wherever necessary streams were 
to be bridged, but little more than this was required. Part 
of the work had already been done by the New York Indians 
on their way to the new reservation.^^ 

In the South some road building was also carried on. By 

51 American State Papers, Military Affairs, Vol. IV, pp. 815, 850. 

52 American State Papers, Military Affairs, Vol. IV, pp. 815, 816, Vol. V, pp. 
41, 512, 513. 

53 American State Papers, Military Affairs, Vol. V, p. 512. 



42G IOWA JOURNAL OF HISTORY AND POLITICS 



August 1, 1832, a road from Washington to Jackson in 
Arkansas Territory was completed under the charge of 
Lieutenant Collins. The following year, it was extended 
further westward, with a view to running it to the frontier 
if sufficient appropriations could be secured.^* 

One reason for the comparatively few military roads 
constructed was the rapidity of settlement. By the time a 
road was proposed, money appropriated for it and a survey 
made, the country was occupied by settlers and the usual 
roads laid out. Nevertheless, the military roads proved of 
great value, both to the pioneers and to the soldiers. 

Besides laying out these roads, the troops performed 
other constructive work. For example, in 1830 military 
engineers surveyed a route for a canal from Chicago to the 
Illinois Eiver, though the work was never undertaken. 
Then too, the soldiers did much of the work in building 
their own barracks at the posts. In 1832 the Quarter- 
Master General reported that, owing to the employment of 
the troops against the Indians, it would require $8000 to 
complete the barracks at Fort Crawford, $10,000 at Fort 
Howard, and $25,000 at Baton Eouge.^^ 

CONCLUSION 

Thus the handful of men, usually numbering between two 
and three thousand, were kept at work on a frontier some 
1500 miles in length. It can not be said that they conquered 
the Indian country, for it was usually difficult for the army 
to keep in line with the settlements. The peculiar feature 
of this western frontier was the rapid growth of settle- 
ments. It was the duty of the army to assist in regulating 
this growth, and this duty was performed as well, perhaps, 
as could have been expected in a country so vast in extent 

54 American State Papers, Military Affairs, Vol. V, pp. 41, 183. 

65 American State Papers, Military Affairs, Vol. IV, p. 596, Vol. V, p. 42. 



THE MILITARY-INDIAN FRONTIER 1830-1835 427 



1 



and occupied by people so independent and self-assertive as 
were the white settlers. It was, in fact, simply a system of 
police with headquarters at the various forts, from which 
companies were sent out to punish or protect as the occa- 
sion might require. 

It is perhaps due partly to the dislike of Americans for 
military authority and partly to the small number of troops 
employed at almost all times along the western frontier, 
that the military has had so little part in determining the 
character of that part of the United States still in a forma- 
tive and plastic state, which has always been the condition 
characterizing the frontier in America. The army was the 
most conservative element along the line where whites and 
Indians met, and it served for the most part only to fix what 
had been accomplished by traders, miners, and farmers. 
The most permanent and perhaps the most important result 
of the existence of this military frontier was the influence 
of the forts on the settlements, each acting to some extent 
as a magnet drawing settlers to that particular vicinity. A 
few cabins and stores were usually found clustered around 
the military post, which for the time represented order and 
safety, although not all of these old forts became centers of 
population. Among those which became the sites of cities 
were Fort Snelling, Fort Armstrong, Jefferson Barracks, 
and Fort Dearborn. Eock Island has become the site of a 
government arsenal with thriving cities on either side. 
Fort Sheridan is near the location of old Fort Dearborn, 
and the buildings of the modern Fort Snelling stand near 
the old stone block house which belonged to the old fort. 
Fort Leavenworth also has been in almost continuous ser- 
vice since its founding in 1827. The Indians, however, have 
departed and the military centers in the Mississippi Valley 
are no longer frontier posts, but training centers for troops 



428 IOWA JOUKNAL OP HISTORY AND POLITICS 



raised in the middle west, or reserve posts for the regular 
army. It is a significant proof of the development of this 
territory that the training camp for reserve officers opened 
at Fort Snelling in May, 1917, provided for more men than 
the entire western army contained during most of the period 
from 1830 to 1835. 

EuTH A. Gallaher 

The State Historical Society of Iowa 
Iowa City 



COUNCIL WITH THE SAC AND FOX INDIANS 

IN 1840 



[The following account of a council between Governor Eobert Lucas of the 
Territory of Iowa and a number of chiefs of the Sac and Fox Indians is 
copied verbatim from the Haivh-Eye and Iowa Patriot (Burlington), Thursday, 
January 30, 1840. The council was held at Burlington on January 23 and 24, 
1840, chiefly for the purpose of hearing certain complaints of the Indians con- 
cerning the payment of annuities. No treaty was made, nor was there any 
discussion of a cession of land. — Editor] 

Below will be found in detail an account of the council 
which was held in this place on Thursday and Friday last. 
There were about fifty Indians, most of whom presented a 
noble appearance. Although not a chief, young Black 
Hawk appeared to be the chief among this nobility. When 
he stood up to speak of the desecration of his father's sep- 
ulchre — as he told of the white man coming to that 
sepulchre and stealthily removing his father's head in the 
summer, and coming again to take away the remainder of 
his body at another time, we imagined him to be a complete 
personification of Grief, telling to a sympathizing audience 
his tale of woe. The recital of this sacrilegious act, sent a 
thrill of horror through the whole assembly, which was 
very large and respectable. When he learned that this was 
an offence against our laws, and that the perpetrators 
would be severely punished if detected, he seemed satisfied. 
We think the public sentiment of this Territory, would 
authorize the Governor to offer a large reward for the ap- 
prehension of the monster who committed this inhuman act, 
and he ought to do it. 

We fear that some interested persons have been imposing 
upon the Indians in making them think that General Street 



429 



430 IOWA JOURNAL OP HISTORY AND POLITICS 



is linked in with Keokuk and others, in defrauding the In- 
dians. We have reason to think this, because we have 
known General Street for many years, and believe him to be 
incapable of injuring the red men. While other Indian 
agents have by some means or other become rich. Gen. S. 
has remained comparatively poor, and we do not believe 
that he has ever applied any thing but his regular salary to 
his own private use. We know that the interest he has 
always manifested in behalf of the Indians and the pains he 
has taken to expose the frauds practised upon them by 
traders and others, have rendered him an object of hate to 
many of these Indian speculators. 

These Indians will continue to be imposed upon until 
some of their own number become acquainted with our lan- 
guage : An effort should be made immediately to enlighten 
them. We believe if the traders and interpreters would 
not stand in the way, they would gladly permit a teacher to 
come among them. We would be willing to contribute lib- 
erally towards establishing a good school in their nation, 
and we believe that funds would not be wanting among the 
benevolent for the establishment of such an institution. 
We at least owe them this. 

At the council the Governor addressed them as follows: 

My Childeen : — When I met with you at the village last 
spring, I told you my ear was open at all times to listen to 
your complaints, and that I would always be ready to make 
such representations to your great father the President as 
you might wish to communicate through me. I am now 
ready to hear any communication you have to make. Any 
grievances you wish me to lay before your great father, the 
President, I will now hear them. If you wish any informa- 
tion, or if you wish to make any inquiry, I will listen and 
answer you promptly. 



COUNCIL WITH THE SAC AND FOX INDIANS 431 

WisHELAMAQUA OF Hardfish rose and said he was very 
well pleased with what he had told them at the village in the 
spring — he opened their ears a little and they were 
pleased. He said those that were with him did not know 
about the business of the money — how it was appropriated 
— their women and children were destitute and bad off, and 
they wanted them fixed better. Their chiefs, meaning 
Keokuk, Appanoose, Wapello and Poweshiek, do what they 
don't understand, and that is the reason of their coming. 
He said he was not well, but the other men would speak — 
he said he was not able to speak himself. 

Wapaksheek, the Prophet, said they were all very glad 
to see their father to-day, and to know that they were not 
forgotten. He knew, (pointing upward) that their Great 
Father above had not forgotten them. Those with him 
know that they are bad off — they will tell the truth — all 
the men and women around can hear. He said those with 
him were all braves. What had been said was the truth. 
One of the interpreters informed the audience that these 
were the only chiefs. They did not acknowledge Keokuk, 
or any other to be their chief. 

Kekanwena next spoke. You have heard what the chiefs 
have said — now hear me. We have not forgotten what the 
Grovernor told us in the spring, when he visited our village. 
That was the cause of their being here now. He said their 
agent was not fit to do business — they could not get him to 
write for them. (It is well known that their agent has been 
very sick for some time past, and it was probably on this 
account that he could not write for them.) He said they 
had not forgotten what the Governor said to them. These, 
said he, are our only chiefs, (pointing to Hardfish and the 
Prophet) — we know no other. We have been cheated out 
of our money — we wish the money of our annuities equally 



432 IOWA JOURNAL OF HISTORY AND POLITICS 

divided. He stated that he had no more to say and what he 
had said was the voice of all and that he was nothing but a 
brave. 

Wahataquaka said that they were all very glad to have 
their ears opened. When they started it was very cold, but 
cold or w^arm, they determined to come. They had been 
blind — they did not know what became of their money — 
they think that General Street has been a great cause of 
making them blind with the other chiefs. These are their 
chiefs, meaning Hardfish and the Prophet, they wish to 
have them and no others. The other chiefs, Keokuk, &c. 
have done wrong. Hardfish and the Prophet want each one 
of the tribe to have a share of the money — this is the mind 
of all his friends. 

Nashe-as-kuk, son to the late Black Hawk, said that he 
was well pleased with what had been said by his friends. 
Our children and families are poor and suffering, and that 
is what brought us here. The other chiefs have kept them 
blinded. He and his friends wish their money divided. 
They called Keokuk and his coadjutors the money chiefs. 

Hardfish said he had forgotten to say one thing, and that 
was that the traders charge too much and get all their 
money. 

Gov. Lucas said in reply 

My children, I have listened and will communicate what 
you have said to your great father, the President. In re- 
gard to your chiefs and yourself you must arrange that 
among yourselves. Concerning the annuity whether it shall 
be paid to the chiefs or to each family, it shall be paid ac- 
cording to your wishes. It will be so arranged that each 
one will receive his equal proportion. In regard to their 
objections against Gen. Street their agent, the Governor 
assured them they must be mistaken. He had frequent 



COUNCIL WITH THE SAC AND FOX INDIANS 433 



correspondence with him and knew his feeling towards them 
and that he wished to promote their welfare. The Grov- 
ernor explained to them the object of the government in 
withholding $5,000 from their annuity. He told them that 
it was invested in stock, the interest of which was to be ap- 
propriated in establishing schools among them. With this 
information they seemed dissatisj&ed — they wanted the 
money among themselves. We feared that the Interpreter 
did not make them fully understand the benevolent object 
of the government in this matter. 

In order to secure them from being defrauded hereafter 
it was in contemplation to employ a book-keeper, who 
would note down the prices of each article purchased by 
them. They seemed pleased at this idea, but appeared very 
inquisitive to know who was to pay him. The Governor 
told them that it was not the wish of the President that 
they should go to Washington. If they wish to sell their 
lands, agents will be appointed so that the treaty may be 
made on their own ground. They replied that they did not 
wish to sell any more lands — that that they now owned 
was very small compared to what they once had. In regard 
to straightening the line they said they did not want it 
straightened, and as [the] Government had made it crooked 
let it remain so. They do not want their money chiefs to 
sell the land — it is too small now. In reply to a statement 
made by the Governor that the President would not wish to 
buy unless they would sell all, they shrewdly said they were 
very glad to hear that the President did not wish to buy — 
the land is there — it will remain — it is not going to run 
away — when they all get ready to sell it will be time 
enough. When the governor informed them of the designs 
of some wicked men to entrap some of their nation and take 
them to Europe for exhibition for the purpose of making 
money, they all laughed heartily at the idea. 



VOL. XV — 29 



434 TOWA JOURNAL OP HISTORY AND POLITICS 



As it was getting late they expressed a wish to have an- 
other interview with the Governor on the next day, as they 
had something farther to communicate. 

On Friday they met again when Wishelamaqua or Hard- 
fish stated that when the Mohawk prisoners were sent home 
last season, intelligence was sent to the Pottowatomies, 
Omahas and other tribes not to come on their lands. They 
made a mistake when they killed the Winnebagoes — they 
supposed them Sioux. They wanted to inform the gov- 
ernor of this, that it might be set right. They came here to 
learn what the Winnebagoes had said concerning it, and 
wished to know all about it. 

Kekanawena then said, you have heard what our chief 
says, that we wish to settle this Winnebago affair. In the 
spring, we heard with our ears what the Governor said, and 
we have now come here. — This is the mind of us all. We 
have come here to have things rightly represented to the 
government, and wish the governor would favor us by rep- 
resenting things for us. When we found the Winnebagoes, 
we thought it was a skin camp, and that they were Sioux. 
We tell this because we wish it to be known at Washington, 
that it was done through mistake. We didn't know what 
people it was that we were attacking. We wish the Gov- 
ernor to represent this at Washington. 

Wishelamaqua again. — We are very glad to see that you 
write down what we say. We think it best to let our broth- 
ers the Winnebagoes know that we wish to settle this thing 
as soon as possible. — We wish to go and hold a council with 
our brothers the Winnebagoes, after you have made known 
to them our minds about it. 

The interpreter then said they wished to be informed 
about the pattern farm.— They wished to know what it was 
meant for — they did not understand it. They think that 
they are not to have any good of it. They said all that they 



COUNCIL WITH THE SAC AND FOX INDIANS 435 

had heard about it was, that the money was paid for it out 
of their annuities, and that it was meant only for them to 
look at. They didn't want to look at it. If they have to pay 
for it, they wish it to be stopped, and that they should have 
the money. The Governor, supposing they referred to the 
other farms at the villages, explained in a few words the 
intention of them. They answered, we know all about the 
two farms at the villages, but the pattern farm we don't 
understand. We want to know about that. The Grovernor 
explained to them as well as he could, its intention. — They 
said they didn't want it to go on; they had rather have the 
money. 

Nash-e-as-kuk, son of the late Black Hawk then said — I 
wish to speak to you about the white people; to let you 
know that the white people have taken away my father's 
remains from the grave. I don't like it, and there is not 
any one of my father's family that likes it. We did not 
think any white man would be guilty of this. They came in 
the summer and took away his head, and they have come 
since in the fall, and taken away his body. We wish the 
Governor to try to find out who has done it. 

The Governor explained to him that such an act was an 
offence against our law, and punishable by a heavy penalty. 
And that if the person could be found out who had done it, 
he would be punished. There was no difference between 
taking the body of a white man and an Indian known to the 
law, and that he would be punished, if known. 

Kekanawena. — You have heard what the chiefs have 
said. In 1837, when the chiefs went to Washington, I was 
there — I listened to what the commissioner said. He told 
us that if we could not make peace with the Sioux, as we 
tried to do, and if we caught them on our lands, stealing or 
killing game, that we might kill them. He said our country 
was small, and there was but little game on it; and if we 



436 IOWA JOURNAL OF HISTORY AND POLITICS 



should be intruded on by the Sioux, we might keep them off. 
This was the reason we attacked our brothers, the Winne- 
bagoes. It was by mistake. We had smoked the pipe with 
them but a short time before, and were friends. We wish 
to make atonement to our brothers the Winnebagoes; and 
we will give up the $5,000 of our annuities, that has been 
kept back by the government, to be paid to them to make 
amends for this. We are pleased with your advice, and 
wish to make peace with our brothers the Winnebagoes. 
We wish that you would write to our brothers the Winne- 
bagoes what has been said by us. 

The Governor had advised them to make peace with the 
Winnebagoes, and informed them that if they satisfied the 
Winnebagoes the government would be satisfied. He prom- 
ised to comply with their request and write to the agent of 
the Winnebagoes. 

After the above conference, the meeting adjourned until 
the afternoon, when the Indians amused a very crowded 
audience for about two hours in performing religious and 
war dances. During these exercises the Indians were al- 
most naked and their bodies painted with various colors 
made them appear quite terrific. The way they did cut 
capers was quite a curiosity. Our worthy Governor ap- 
peared to be the chief manager of this unique ball, assisted 
by the two interpreters. 

After the dancing a contribution was taken up in behalf 
of the Indians. Throughout the whole ceremony Hardfish 
and young Black Hawk stood in all their native dignity as 
silent spectators of the scene. They never appeared more 
noble or to better advantage. The latter looked remarkably 
sedate and his features bore the marks of apparent grief, 
probably occasioned by the wrongs he has received from the 
white man. It is said that young Black Hawk is opposed to 
Whiskey, war, and dancing. 



SOME PUBLICATIONS 



Early Narratives of the Northivest 1634-1699. Edited by Louise 
Phelps Kellogg, Ph. D. New York: Charles Scribner's Sons. 
1917. Pp. xiv, 382. Plate, maps. This is a volume in the series of 
Onginal Narratives of Early American History, published under 
the auspices of the American Historical Association. Beginning 
with Father Vimont's account of Jean Nicolet's exploration of 
1634, the volume contains the original narrative of the journey of 
Raymbault and Jogues to Sault Ste. Marie, Radisson's account of 
his third journey, the story of the adventures of Nicolas Perrot by 
La Potherie, the accounts of Father Allouez's journeys between 
1665 and 1670, the record of the journey of Dollier and Galinee, an 
account of St. Lusson's pageant at Sault Ste. Marie, Marquette's 
journals of the Mississippi voyage of 1673 and of his last journey 
into Illinois, Tonty's memoir on La Salle's discoveries, Duluth's 
memoir on the Sioux country, and the story of St. Cosmo's voyage 
of 1698-1699 under the guidance of Tonty. 

The work is carefully edited and is provided with an excellent 
index. It is a source-book which will prove very useful in the 
teaching of western history. Fortunately, also, the narratives are, 
as the editor states, ''full of the charm of brave deeds, of heroic 
endurance, of abiding enthusiasms, and of famous achievements." 
They make good reading. 

Economic and Social Beginnings of Michigan: A Study in the 
Settlement of the Lower Peninsula During the Territorial Penod 
1805-1837. By George Newman Fuller, Ph. D. Lansing : Wyn- 
koop, Hallenbeck, Crawford Co. 1916. Pp. Ixxii, 630. Portraits, 
plates, maps. The opening pages of this volume contain an elab- 
orate table of contents, covering thirty-one pages; and plates illus- 
trating the early counties, townships, and towns of Michigan 
Territory. 



437 



438 IOWA JOURNAL OF HISTORY AND POLITICS 



The first chapter is devoted to physical conditions, such as geo- 
graphic location, climate, geology, soils, topography, the rivers, the 
Great Lakes, the inland lakes, the flora and fauna, and the relation 
of settlements to density of forests. Chapter two deals with such 
general influences as the "War of 1812, unfavorable reports of 
Michigan lands, favorable reports, relations with the Indians, the 
public lands, improvements in transportation, extension of popular 
government, and small educational advantages. The eastern shore, 
the first inland counties, the St. Joseph valley and the Chicago 
road, the Kalamazoo valley and the Territorial road, the Saginaw 
country, and the Grand River region are the subjects treated in 
chapters three to eight, inclusive. In chapter nine there is a study 
of the sources and character of the population. The tenth and con- 
cluding chapter deals with the preliminaries to American settlement 
in Michigan ; the chief causes influencing the rate of settlement ; the 
population; the process of settlement; the rate, distribution and 
amount of areal settlement; the centralization of population; the 
individuality of centers of population ; and economic classes. 

The character of the work is well illustrated by this summary of 
the contents. Copious references to sources are printed at the 
bottom of the pages in unusually large type which facilitates the 
reading of the additional information which many of them contain. 
There is a good index. Altogether the volume is an excellent con- 
tribution to the history of the State and of the Old Northwest. 

Three Years Among the Indians and Mexicans. By General 
Thomas James of Monroe County, Illinois. Edited, with notes and 
biographical sketches, by Walter B. Douglas. St. Louis : Missouri 
Historical Society, 1916. Pp. 316. Portraits, map. This narra- 
tive was originally printed at Waterloo, Illinois, in 1846. Copies 
are now extremely rare, for the reason that almost immediately 
after its publication the book was suppressed because of its unjust 
criticisms of many people who were held in high respect. 

The author of the narrative was born in Maryland in 1782, and 
migrated to Missouri in 1807. ''By a plain, unvarnished tale of 
Western life, of perils and of hardships, ' ' he says in the first pages 
of his book, "I hope to amuse the reader who delights in accounts 



SOME PUBLICATIONS 



439 



of wild adventure, though found out of the pages of a novel and 
possessing no attraction but their unadorned truthfulness. . . . 
If my reminiscences, as recorded in the following pages, serve to 
awaken my countrymen of the West and Southwest, now thank 
God, including Texas, to the importance of peaceful and friendly 
relations with the most powerful tribe of Indians on the continent, 
the Camanches, I shall not regard the labor of preparing these 
sheets as bestowed in vain." The first two chapters tell of the 
author's experiences in the fur trade on the Upper Missouri in 1809 
and 1810 ; while the five remaining chapters contain a very enter- 
taining account of his adventures in the Southwest from 1821 to 
1824. 

Thomas James, it should be noted, later served as a major in the 
Black Haw^k War. ''I would mention my agency in the Black 
Hawk War of eighteen hundred and thirty-two, in which I served 
as Major," he says, ''were it not a war in which no honor was 
gained by any one ; and the history of which, for the credit of the 
country, ought never to be written. ' ' 

Besides numerous valuable footnotes by the editor, the volume 
contains in appendices a number of important documents and other 
data bearing on the period covered by James 's narrative. The book 
is handsomely printed and bound. 



The seventh volume of the Ecclesiastical Records of the State of 
Neiv York, published by the University of the State of New York, 
consists of an index prepared by E. T. Corwin. 

The Emergency Army Law and the Citizen, by William B. 
McCormick; America's War Taxes, by Charles F. Speare; and 
Bureaucracy and Food Control, by William C. Edgar, are articles 
in the June number of The American Review of Reviews. 

An unsigned article on The Columbus Raid appears in the Joui'- 
nal of the United States Cavalry Association for April. Some Ex- 
tracts from a Regimental Scrap Book, by Sev. H. Middagh, tell of 
service on the Rio Grande from 1855 to 1861. With the Apache 
Scouts in Mexico, by James A. Shannon, is another contribution. 



440 IOWA JOURNAL OF HISTORY AND POLITICS 



Remarks on American Indian Languages: A Study in Method is 
the subject of an article by Truman Michelson which has been re- 
printed from the April number of the Journal of the Washington 
Academy of Sciences. 

Financing the War, by Charles J. Bullock; International Trade 
under Depreciated Paper, by F. W. Taussig ; The Literacy Test and 
its Making, by Henry Pratt Fairchild; and Cooperation among the 
Mormons, by Hamilton Gardner, are articles in the May number of 
The Quarterly Journal of Economics. 

Bibliography Bulletin 59 published by the New York State Li- 
brary consists of a list of Official Publications of the State of Neiv 
York Relating to its History as Colony and State, compiled by 
Alice Louise Jewett. 

The Perils of the Peyote Poison, by Arthur C. Parker; The Red 
3Ian's Love of Mother Earth, by Gawaso Wanneh; Wanted: To 
Save the Babies, by Grace Coolidge; Hosquasagada — Charles 
Doxon, by Mabel Powers; and In Governing the Indian, Use the 
Indian, by John M. Oskison, are articles in the January-March 
number of The American Indian Magazine. 

Among the articles in the May number of The Geographical Re- 
view are the following: Early Exploration of the Churchill River, 
by J. B. Tyrrell ; and The History of the Forty-ninth Parallel Sur- 
vey West of the Rocky Mountains, by Otto Klotz. 

The Perry's Victory Centenary is the title of a large volume con- 
taining the report of the Perry's Victory Centennial Commission 
of the State of New York, compiled by George D. Emerson. 

Two contributions in The Journal of Negro History for April 
are : The Development of the Slave Status in American Democracy, 
by John M. Mecklin; and John Woolman's Efforts in Behalf of 
Freedom, by G. David Houston. Under the head of ''Documents" 
will be found some Observations on the Negroes of Louisiana. 

Legislative Bulletin, No. 42, published by the University of the 
State of New York, contains a study of Property Exempt from Tax- 
ation in the Forty -eight States, by William E. Hannan. 



SOME PUBLICATIONS 



441 



The British Labor Movement and the War, by A. W. Humphrey ; 
The Secret Sitting of the House of Commons, by C. P. Ilbert; and 
The IJpnsing against the East India Company, by A. M. Schles- 
inger, are articles in the March number of the Political Science 
Quarterly. 

Among the articles in The South Atlantic Quarterly for April 
are the following: My Recollections of William Garrott Brown, by 
John Spencer Bassett; American Trade-Promoting Activities, by 
Paul S. Peirce ; The Telegraph in the South, 1845-1850, by R. S. 
Cotterill; and The Private Coinage of Gold Tokens in the South 
and West, by B. W. Barnard. 

The Development of the Power of the State Executive, with Spe- 
cial Reference to the State of New York, is the title of a monograph 
by Margaret C. Alexander, which appears in the April number of 
the Smith College Studies in History. 

A. L. Conger and R. M. Johnston are the writers of an article on 
A Prospective Theory of the Conduct of War which occupies first 
place in The Military Historian and Economist for April. R. A. 
Newhall writes on Discipline in an English Army of the Fifteenth 
Century. William E. Lingelbach discusses England and Neutral 
Trade. There is also a brief note on The Passing of Admiral 
Dewey. 

A recent number of the Johns Hopkins University Studies in 
Historical and Political Science consists of a monograph on The 
Organizability of Labor, by William 0. Weyforth. The nine chap- 
ters deal with methods and agencies of organizing, overcoming em- 
ployers' opposition, maintenance of stability, the management of 
the union, the employees in the trade or industry, the small busi- 
ness, trusts and employers' associations, the technical nature of the 
trade, and general economic conditions and public opinion. 

Stabilizing Industrial Employment is the general topic of dis- 
cussion in the May number of The Annals of the American Acad- 
emy of Political and Social Science. In the supplement to this 
number there is a parallel column arrangement of The Mexican 



442 IOWA JOURNAL OP HISTORY AND POLITICS 



Constitution of 1917 Compared with the Constitution of 1857 , 
translated by H. N. Branch. 

Thirty-seven Years of Holland- American Relations 1803 to 1840, 
by Peter Hoekstra, is a doctor's thesis presented at the University 
of Pennsylvania. A period of prosperity for the American trader, 
a period of experimentation and uncertainty, the crisis of 1810 and 
its results, the re-opening of diplomatic relations, the spoliation 
claims against Holland, the establishment of trade relations with 
Holland on a basis of partial reciprocity, the dispute regarding dis- 
criminating duties, and the conclusion of a commercial treaty are 
the subjects discussed in the various chapters. 

The Arrangement of the Law^ by Henry T. Terry; and Jurisdic- 
tion of Causes of Action Arising under the Act to Regulate Com- 
merce, by Henry Hull, are articles in the April number of the 
Columbia Law Revieiv. The article by Mr. Terry is continued in 
the May number, where there is also a discussion of the Reasonable 
Use of One's Own Property as a Justification of Damage to a Neigh- 
bor, by Jeremiah Smith. Two contributions in the June number 
are: Raihvay Strikes and the Constitution, by Arthur A. Ballan- 
tine; and A New Scheme of Reorganization, by James N. Rosenberg. 

Articles which appear in The American Political Science Review 
for May are the following: Pan-American Cooperation in Pan- 
American Affairs, by F. Alfonso Pezet; The Monroe Doctrine and 
the Government of Chile, by Carlos Castro-Ruiz; Lending our Fi- 
nancial Machinery to Latin America, by F. C. Schwedtman; Four 
Years of Congress, by James Miller Leake ; and Woman Suffrage in 
Parliament: A Test for Cabinet Autocracy, by Evans Clark. The 
Legislative Notes and Reviews, edited by John A. Lapp, deal with 
the Illinois administrative code, constitutional conventions, absent 
voting, and the short ballot. Among the News and Notes, edited by- 
Frederic A. Ogg, will be found short discussions of the newer fed- 
eral commissions, the Porto Rico civil government act, the Mexican 
Constitution of 1917, parties and the Cabinet System in Japan, and 
the antecedents of the Russian Revolution. Under the heading of 
Notes on International Affairs, Charles G. Fenwick contributes 



SOME PUBLICATIONS 



443 



notes on the freedom of the seas, the status of armed neutrality, 
armed merchantmen, the Yarrowdale Case, volunteer navies, and 
the conviction of Frantz Bopp. 

WESTERN AMERICANA 

The Pageant of Indiana, by William Chauncey Langdon, per- 
formed in October, 1916, as a part of the celebration of the Indiana 
centennial, has been published as a booklet of eighty pages. 

Two recent numbers of the University of California Publications 
in American Archaeology and Ethnology are monographs on Miwok 
Myths, by Edward Winslow Gifford; and California Kinship Sys- 
tems, by A. L. Kroeber. 

The Library in Tivo Tenses, by Carolyn McNutt, is an article in 
the April number of The Graduate Magazine of the University of 
Kansas. 

Volume one, number three of the Manuscripts and Records from 
the Burton Historical Collection, edited by M. Agnes Burton, is de- 
voted chiefly to letters from the correspondence of William Henry 
Harrison relating to the early history of Indiana. 

Among the articles in The Quarterly Journal of the University 
of North Dakota is one on The Geological History of North Dakota, 
by Arthur Gray Leonard. 

A paper on Frederick Ferdinand Low, Ninth Governor of Cali- 
fornia, by Eli T. Shepard; and a discussion of Insurance for Sal- 
aried Workers, by Charles E. Brooks, are among the contributions 
in the April number of The University of California Chronicle. 

George J. Remsburg is the author of a pamphlet entitled An Old 
Kansas Indian Town on the Missouri which has been printed at 
Plymouth, Iowa, by G. A. Chandler. 

In the May number of the publication known as Special Libraries 
there is a List of References on the Relief of Dependent Families of 
Soldiers and Sailors, compiled under the direction of H. H. B. 
Meyer. 



444 IOWA JOURNAL OF HISTORY AND POLITICS 



An address on John Muir^ delivered at the University of Wiscon- 
sin by President Charles R. Van Hise, has been printed in 
pamphlet form. 

The March issue of the Bulletin of the Indiana State Library is a 
"Constitutional Convention Number", and contains, among other 
things, a Bibliography on State Constitutions and Constitution- 
making. 

Edmond S. Meany is the editor of an interesting volume entitled 
Mount Rainier: A Record of Exploration, which has been published 
by The Macmillan Company. It consists of a collection of original 
narratives of explorations and ascents of the mountain, beginning 
with the discovery by George Vancouver in 1792 and closing with a 
report of the United States Geological Survey concerning the alti- 
tude of the mountain. There is also some information relative to 
place names and altitudes in Mount Rainier National Park. Numer- 
ous portraits of explorers and travelers are scattered through the 
volume. The book should, as the editor hopes, prove very interest- 
ing to visitors to the park ; and at the same time it performs a valu- 
able service in bringing together important narratives from in- 
accessible sources, some of which have never hitherto been pub- 
lished. 

lOWANA 

Iowa's Contribution to Middle Western Literature, by John T. 
Frederick, is a paper which appears in the January-March number 
of the Iowa Library Quarterly. 

Ervin E. Lewis is the writer of an article on Federal Aid for 
Vocational Education in the April number of Midland Schools. 

Two articles on Abraham Lincoln and his Work, by Henry A. 
Stebbins, appear in the April and May numbers of Autumn Leaves. 
In the June number there is a brief article entitled A New Patriot- 
ism, by Charles R. Hield. 

An unsigned article on Freemasonry in America Prior to 1750 
may be found in the April number of The American Freemason. 

T. D. MacGregor is the author of an article on Our Financial 



SOME PUBLICATIONS 



445 



Preparedness which is to be found in the April number of The 
Northwestern Banker. 

The Social Survey, by Bessie A. McClenahan, is a University of 
Iowa Extension Bulletin published in December, 1916. 

Among the articles in the May number of The Educational Digest 
is one on The Country Newspaper as a Positive Force in Education, 
by George Galloway. In the June number there is a short discus- 
sion of The Geology of Iowa, by James H. Lees. 

In the May number of The Alumnus of Iowa State College there 
is an Histoi'ical Sketch of the Engineering Library, by Caroline E. 
Laird. 

Memories of a By -gone Landmark is the subject of a brief paper 
by Mrs. Jesse Macy which appears in The Grinnell Review for 
April. 

Iowa Conservation is the title of a new magazine, the first number 
of which recently appeared. It is published by the Iowa Forestry 
and Conservation Commission, and all communications should be 
addressed to G. B. MacDonald, Ames, Iowa. 

An address on Alumni Influence upon University Ideals, by J. H. 
Kirkland, is printed in the April number of The Iowa Alumnus. 
The May number is devoted largely to the inauguration of Walter 
A. Jessup as President of the State University of Iowa, which oc- 
curred on May 11th and 12th. 

Modern Tax Valuation Methods, by James G. Stafford ; and Law 
of Pavement Guarantees, by George C. Warren, are among the arti- 
cles in the April number of American Municipalities. In the May 
and June numbers may be found New Iowa Laws relating to munic- 
ipal affairs. In the June number there is also an article on the 
Relationship of Finance and Depreciation, by Clinton S. Bums. 

A brief history of Lamoni, by Heman C. Smith, is the opening 
contribution in the April number of the Journal of History pub- 
lished at Lamoni, Iowa, by the Eeorganized Church of Jesus Christ 
of Latter Day Saints. There is an unsigned article entitled Voices 



446 IOWA JOURNAL OF HISTORY AND POLITICS 



0)1(1 Visions of the Past. Some interesting reminiscences appear 
under the title of Incidents in the Life of Mary Helen Grant. 
There is a continuation of the Autobiography of Elder Isaac N. 
White. 

Six Prophets out of the Middle West, by Frank L. Mott, editor 
of the Grand Junction Globe, is a little Iowa brochure which de- 
serves a wide circulation and a wide reading. In the introduction 
he points out the achievements and possibilities of the Middle West 
in the field of literature. Afterward there are brief articles dealing 
with the work of The Midland, Edgar Lee Masters, Hamlin Gar- 
land, Edward A. Steiner, John G. Neihardt, and Nicholas Vachel 
Lindsay. 

SOME RECENT PUBLICATIONS BY IOWA AUTHORS 

Ames, Edward Scribner, 

Psychology of Religion (Biblical World, March and April, 
1917). 

Benson, Oscar Herman (Joint author). 

Agriculture and the Farming Business. Indianapolis: The 
Bobbs-Merrill Co. 1917. 
Betts, George Herbert (Joint author). 

Agriculture and the Farming Business. Indianapolis: The 
Bobbs-Merrill Co. 1917. 
Carver, Thomas Nixon, 

National Point of View in Economics (American Economic 
Review, March, 1917). 
Elliott, Francis Parry, 

Lend Me Your Name. Chicago : Reilly & Britton Co. 1917. 
Emerson, Willis George, 

A Vendetta of the Hills. Boston: Chappie Publishing Co. 
1917. 

Evermann, Barton Warren, 

Notes on the Fishes of East Tennessee. Washington, D. C. : 
Government Printing Office. 1916. 
Ficke, Arthur Davison, 

An April Elegy. New York : Mitchell Kennerley. 1917. 



SOME PUBLICATIONS 



447 



Franklin, William Suddards, 

Biirs School and Mine: A Collection of Essays on Education. 
South Bethlehem, Pennsylvania: Franklin, McNutt & 
Charles. 1917. 
Garland, Hamlin, 

William Dean Eowells (Art World, March, 1917). 
Hall, James Norman, 

From Manhattan (Overland, April, 1917). 
Keyes, Charles Rollin, 

Epicene Profiles in Desert Lands (Science, April 6, 1917) ; 
Lost Mountains of the Prairies (Scientific Monthly, April, 
1917). 

Le Cron, Helen Cowles (Joint author), 

A Thousand Ways to Please a Husband. New York: Britton 
Publishing Co. 1917. 
McClenahan, Bessie A., 

The Social Survey. Iowa City: The State University of Iowa. 
1916. 
Mott, Frank L., 

Six Prophets out of the Middle West. Grand Junction, Iowa : 
Grand Junction Globe Press. 1917. 
Peirce, Paul Skeels, 

American Trade-Promoting Activities (The South Atlantic 
Quarterly, April, 1917). 
Reynolds, Conger, 

The Iowa Desk Book of Newspaper Practices. Iowa City : The 
State University of Iowa. 1917. 
Ross, Edward Alsworth, 

Absolutism in Endowed Institutions (School and Society, April 
21, 1917) ; Class and Caste (American Journal of Sociology, 
March, 1917). 
Starch, Daniel, 

Further Experimental Data on the Value of Studying Foreign 
Languages (School Review, April, 1917). 
Swem, Earl Gregg, 

Letters on the Condition of Kentucky in 1825. New York: 
C. F. Hartman. 1917. 



448 IOWA JOURNAL OF HISTORY AND POLITICS 



SOME RECENT HISTORICAL ITEMS IN IOWA NEWSPAPERS 

The Des Moines Register and Leader 

History of tlie Red Cross Society, April 5, 1917. 

The Winnebago River, April 8, 1917. 

History of the American Flag, April 14, 1917. 

Musings of an Octogenarian, by T. S. Johnson, April 16, 1917. 

William H. Fleming Recalls Political History, April 17, 1917. 

An Iowa Boy who Fought at the Dardanelles, April 22, 1917. 

Passing of Amity College — an Iowa College Built in War Times, 

April 22, 1917. 
Sketch of the Life of Truman S. Stevens, April 26, 1917. 
Hoover of Iowa — A World Figure, May 27, 1917. 
Memories of the Spanish-American War, May 29, 1917. 
Conscription in History, by William H. Fleming, June 4, 1917. 

Miscellaneous 

History of Old Elm Tree at Leclaire, in the Clinton Advertiser, 
April 3, 1917. 

Early Recollections of a Swedesburg Pioneer, in the Mt, Pleasant 

Free Press, April 4, May 10, 1917. 
Sketch of the Lives of Mr. and Mrs. James Cruikshank, in the 

Keokuk Gate City, April 5, 1917. 
First Settlers in Southern Part of Calhoun County, in the Lake 

City Graphic, April 5, 1917. 
Pioneer Days, by T. C. Collins, in the Humholdt Repuhlican, April 

6, 1917. 

First Settlers of Tama County, in the Traer Star-Clipper, April 6, 
1917. 

A Dollar Looked Big in 1842, in the Ottumiva Courier, April 7, 
1917. 

The County Agent in Iowa, in the New Hampton Gazette, April 11, 
1917. 

Bill of Court Expenses for September, 1846, in the Keosauqua 

RepuUican, April 12, 1917. 
Sketch of the Lives of Mr. and Mrs. Levi Airy, in the Oskaloosa 

Times, April 13, 1917. 



SOME PUBLICATIONS 



449 



Cold Weather in 1881, in the Oskaloosa Herald, April 16, 1917. 
Stirring Days of 1861 Recalled by William D. Christy, in the Des 

Moines Tribune, April 17, 1917. 
Judge J. J. Clark Presented with Loving Cup, in the Forest City 

Eepiiblican, April 18, 1917. 
Memorial Services in Honor of the late J. P. Conway, in the 

Waukon Republican, April 18, 1917. 
Clarion County in the Civil War, in the Melcher Union, April 19, 

1917. 

Sketch of the Life of Henry T. Helgeson, in the Decor ah Repub- 
lican, April 19, 1917. 

Other Winters, in the Gowrie News, April 19, 1917. 

Is Mrs. Nancy Nidiver Oldest Native of Iowa?, in the Knoxville 
Journal, April 19, 1917. 

History and Geography of Iowa Should be Taught in Schools, in the 
Oslcaloosa Herald, April 20, 1917. 

Some Iowa Literature, by John T. Frederick, in the Burlington 
HawJc-Eye, April 25, 1917. 

Sketch of the Life of John Wolf, in the Manchester Democrat, 
April 25, 1917. 

Sketch of the life of Thomas E. Fleming, in the Manchester Demo- 
crat, April 25, 1917. 

Swamp Lands of Madison County, by W. H. Lewis, in the Winter- 
set Madisonian, April 25, 1917. 

Sketch of the Lives of Mr. and Mrs. Harry Horsman, in the Knox- 
ville Journal, April 26, 1917. 

Mormon History, in the Guthrie Center Guthrian, April 26, 1917. 

Cost of Living Forty-four Years Ago, in the MacJcsburg Inde- 
pendent, April 26, 1917. 

Buffalo Bill's First Indian, in the Marion Register, April 27, 1917. 

Sketch of the Lives of Mr. and Mrs. William Harrison, in the 
Grinnell Register, April 30, 1917. 

Prices During the Civil War, in the Grinnell Register, May 3, 1917. 

Food Prices Fifty-one Years Ago, in the Knoxville Journal, May 3, 
1917. 

Six Prophets of the Middle West, by Frank L. Mott, running in 
the Grand Junction Globe in April and May, 1917. 



VOL. XV — 30 



450 IOWA JOURNAL OF HISTORY AND POLITICS 



Early History of Elgin, in the Elgin Echo, May 3, 1917. 
Sketch of the Life of Henry C. Chapin, in the Eldora Herald, May 
3, 1917. 

The Jenney Expedition to the Black Hills, in the Burlington Post, 
May 5, 1917. 

Sketch of the Life of Eliza J. J. Waller, in the Charles City Intel- 
ligencer, May 11, 1917. 

Fort Madison Company First to Mexico in War of 1846, in the 
Fort 3Iadison Democrat, May 12, 1917. 

Old Newspaper of 1865, in the Corning Union-BepuUican, May 16, 
1917. 

Sketch of the Life of John W. Johnson, in the Ames Tribune, May 
17, 1917. 

Attempt to Raffle Off a Hotel, in the Algona Courier, May 17, 1917. 
Prices in Early Days in Bremer County, in the Waverly Democrat, 
May 17, 1917. 

Fort Snelling Ninety-eight Years Old, in the Correctionville News, 
May 17, 1917. 

Seventy-Year-Old Sunday Law, in the Council Bluffs Nonpareil, 
May 13, 1917. 

When the Railroad First Reached Iowa, in the Washington Journal, 
May 19, 1917. 

Passing of Old Landmark in Grinnell, in the Grinnell Herald, May 
22, 1917. 

Algona in 1871, in the Algona RepuUican, May 23, 1917. 
Story of Old Tavern, in the McGregor Times, May 24, 1917. 
Civil War Veterans Keep Anniversary, in the Webster City Herald, 
May 24, 1917. 

Sketch of the Life of John D. Carter, in the Mt. Ayr Begister-News, 
May 31, 1917. 

Early Marengo History, in the Marengo Bepuhlican, June 6, 1917. 
Prices Fifty Years Ago, in the Bloofufield Bepuhlican, June 7, 1917. 
Sketch of the Lives of Mr. and Mrs. Thomas Lawrence, in the Belle 

Plaine Union, June 7, 1917. 
Iowa in War Time, in the Burlington Hawk-Eye, June 10, 1917. 



HISTOEICAL SOCIETIES 

PUBLICATIONS 

Horace White, by Amelia E. White ; and Frank Dempster Sher- 
man, by Alexander M. Welch, are brief biographical sketches in 
The New York Genealogical and Biographical Record for April. 

About half of The Pennsylvania Magazine of History and Biog- 
raphy for April is taken up with the Journal of Samuel Rowland 
Fisher, of Philadelphia, 1779-1781, contributed by Anna Wharton 
Morris. Another contribution is the Orderly Book of General 
Edward Hand, Valley Forge, January, 1778. 

The Story of New Amsterdam, by William R. Shepherd, is a very 
readable narrative of more than one hundred pages, which is to be 
found in the Year Book of the Holland Society of New York for 
1917. 

A brief memoir of Frederick Lewis Gay, by John H. Edmonds, is 
to be found in the April number of The New England Historical 
and Genealogical Register. A supplement contains the proceedings 
of the New England Historic Genealogical Society at the annual 
meeting on February 7, 1917. 

The January-March number of the Quarterly Publication of the 
Historical and Philosophical Society of Ohio is devoted to some 
Letters of Thomas Boylston Adams. 

■ The Home of the American Catholic Historical Society is briefly 
described by Jane Campbell in the March number of the Records 
of the American Catholic Historical Society. There is also the con- 
cluding installment of the study of The Capuchins in Acadia and 
Northern Maine (1632-1653), by John Lenhart. 

Two short articles on Medford's Disused Subway and Medford 
Hillside, both by Moses W. Mann, appear in the January number 
of The Medford Historical Register. 



451 



452 IOWA JOURNAL OF HISTORY AND POLITICS 



Volumes forty-seven and forty-eight of the Collections of the New 
York Historical Society contain Revolutionary War muster rolls. 
Volume forty-nine contains the Proceedings of a Board of General 
Officers of the British Army at New York, 1781. 

Volume sixteen of the Collections of the Connecticut Historical 
Society is a book of about six hundred pages containing Corre- 
spondence and Documents During Roger Wolcott's Governorship of 
the Colony of Connecticut, 1750-1754, with an introduction by 
Albert C. Bates. 

In the Proceedings of the Seventy -eighth Annual Meeting of the 
Georgia Historical Society will be found an address by Alexander 
C. King on Georgia's Influence on the Secession Movement. 

The July-September, 1916, number of The Journal of American 
Folk-Lore contains the following articles, among others : European 
Tales from the Plains Ojihwa, by Alanson Skinner; Plains Cree 
Tales, by the same author ; and Ojihwa Tales from the North Shore 
of Lake Superior, by William Jones, with notes by Truman Michel- 
son. The October-December number is taken up largely with 
Spanish-American folk-lore. 

A North Carolina Manual of four hundred and fifty pages, com- 
piled by R. D. W. Connor, has been published by the North Caro- 
lina Historical Commission for the use of the members of the Gen- 
eral Assembly. 

Bulletin of Information, Nos. 17-20, published by The Arkansas 
History Commission, have been combined into one number, con- 
taining a Classified Catalogue of Historical Information. This is a 
comprehensive list of references, chiefly from newspapers of the 
last few years, arranged alphabetically by topics. 

Mary Wilhelmine Williams is the author of a volume on Anglo- 
American Isthmian Diplomacy, 1815-1915, which has been pub- 
lished by the American Historical Association. This is the essay 
which was awarded the Justin Winsor Prize in American History 
for 1914. 



HISTORICAL SOCIETIES 



453 



A Bed Rose — Springfield, 1780 — and After, by William Nel- 
son; The Reformed Protestant Church in Newark, by Charles E. 
Hart; some Reminiscences of the War of 1812; and Jedidiah Swan's 
Orderly Book are among the contents of the Proceedings of the New 
Jersey Historical Society for January. 

Volumes fifteen and sixteen of the Archives of Maryland, edited 
by Clayton C. Hall, contain the Proceedings and Acts of the Gen- 
eral Assembly of Maryland, from 1724 to 1726, and from 1727 to 
1729, respectively. 

A handsome volume published by the Connecticut Historical So- 
ciety is entitled Becords of the Connecticut State Society of the Cin- 
cinnati. The records which the volume contains are printed in fac- 
simile reproductions of the originals. A similar volume published 
by the same Society contains Papers of the Connecticut State So- 
ciety of the Cincinnati. 

N. H. Debel is the author of an article on The Development of the 
Veto Power of the Governor of Illinois which occupies first place in 
the Journal of the Illinois State Historical Society for October. 
Charles A. Kent is the writer of an address on Lincoln and Gettys- 
burg after Fifty Years. An article of particular interest to lowans 
is a brief biographical sketch of Bussel Farnham, by Orrin S. Holt. 
Besides numerous other articles and documents there are the pro- 
ceedings at the dedication of the Jesse W. Fell Memorial Gateway, 
State Normal University Campus. 

The Quarterly Bulletin is the name of a, new periodical, pub- 
lished by the New York Historical Society, which made its appear- 
ance in April. It is its purpose to present brief accounts of the 
work of the Society and of the interesting features of the library 
and museum. In this number, among other things, there is a short 
article on The Spurious Ulster County Gazette of January 4, 1800. 

A detailed account of The Meeting of the American Historical 
Association at Cincinnati occupies the opening pages in The Amer- 
ican Historical Beview for April. Jesse S. Reeves is the author of a 
paper entitled Two Conceptions of the Freedom of the Seas; Arthur 



454 IOWA JOURNAL OF HISTORY AND POLITICS 



L, Cross discusses The English Criminal Law and Benefit of the 
Clergy During the Eighteenth and Early Nineteenth Centuries; 
and Ralston Hayden writes on The States' Rights Doctrine and the 
Treaty-making Power. Under the heading of ' ' Documents ' ' will be 
found Protocols of Conferences of Representatives of the Allied 
Powers Respecting Spanish America^ 1824-1825, 

The Missouri Historical Review for January opens with some 
Letters of Edward Bates and the Blairs from the private papers of 
Senator Doolittle, contributed by Duane Mowry. The progress 
made in the plans for Missouri's Centennial Celebration are de- 
scribed at some length ; and David W. Eaton contributes the third 
in his series of articles on How Missouri Counties, Towns and 
Streams were Named. ^ 

In The Georgia Historical Quarterly for June there are, among 
others, the following articles : James MacJcay, of Strathy Hall, Com- 
rade in Arms of George Washington, by William Harden; Fort 
Pulaski, by Charles H. Olmstead; Historic Spots in Summerville, 
by Lawton B. Evans ; and a legal opinion on the Boundary Between 
Georgia and South Carolina, by George Hillyer. 

The Onondaga Historical Association has published a volume of 
about two hundred pages containing Moravian Journals Relating to 
Central New York 1745-66, arranged and edited by William M. 
Beauchamp. Beginning with Bishop A. G. Spangenberg 's journal 
of a journey to Onondaga in 1745, and ending with the journal of 
the journey of David Zeisberger and Gottlieb Sensemann to Onon- 
daga and Cayuga in 1766, the material here printed makes acces- 
sible some very interesting and valuable data relative to Indian 
affairs. David Zeisberger was a member of each of the parties 
whose experiences are here recorded. 

An interesting article in the Historical Collections of the Essex 
Institute for April is one by Winfield S. Nevins on Nathaniel Haw- 
thorne's Removal from the Salem Custom House. There are also 
continuations of The Lee Family of Marhlehead, by Thomas Amory 
Lee; The Eastern Railroad, by Francis B. C. Bradlee; and A Gene- 



HISTORICAL SOCIETIES 



455 



alogical-Eistorical Visitation of Andover, Mass., in the Tear 1863, 
by Alfred Poore. 

The Southwest etm Historical Quarterly for April opens with tlie 
first chapters of a monograph on The Tariff History of the BepuUic 
of Texas, by Asa Kyrus Christian. Then follows the third install- 
ment of the study of Diplomatic Relations Between France and the 
Repuhlic of Texa^, by Herbert R. Edwards. Jared Ellison Groce is 
the subject of a short sketch by Rosa Groce Bertleth. Some Recol- 
lections of Stephen F. Austin are presented by George L. Hammel- 
sen. And finally, there is another section of British Correspondence 
Concerning Texas, edited by Ephraim Douglass Adams. 

Continuations of the Journal of the Committee of Observation of 
the Middle District of Frederick County, Maryland, and of Ex- 
tracts from the Carroll Papers appear in the March number of the 
Maryland Historical Magazine. There is also an unsigned article 
on the history of the Second Regiment, Maryland Volunteer In- 
fantry. 

The Mason Title and Its Relations to New Hampshire and Massa- 
chusetts, by Otis Grant Hammond; The Hornhook and Its Use in 
America, by George A. Plimpton ; Historical Notes Relating to the 
Second Settlement of Worcester, by Lincoln N. Kinnicutt; and 
The Press and Printers of Jamaica Prior to 1820, by Prank Cundall, 
are papers in the Proceedings of the American Antiquarian Society 
at the annual meeting held on October 18, 1916. Part six of Clar- 
ence S. Brigham's Bibliography of American Neivspapers, 1690- 
1820, here printed, contains a list of New Jersey newspapers. 

Quenby and the eastern branch of Cooper River are the subjects 
discussed in chapter sixteen of Henry A. M. Smith's study of The 
Baronies of South Carolina in the January number of The South 
Carolina Historical and Genealogical Magazine. There is another 
installment of the Letters of John Rutledge, annotated by Joseph 
W. Barnwell. 

The Hoskins of Kentucky, by Eliza A. Herring; The Alleged Se- 
cession of Kentucky, by A. C. Quisenberry ; Lincoln, Jefferson Davis 



456 IOWA JOURNAL OP HISTORY AND POLITICS 



and Francis Preston Blair, by Gist Blair; Israel Donalson, Mod/s- 
ville's First School Teacher, by A. F. Curran; and History of Edu- 
cation in Kentucky, by Martha Stephenson, are articles in the May 
number of The Register of the Kentucky State Historical Society. 

Memphis as a Gateivay to the West: A Study in the Beginnings 
of Railway Transportation in the Old Southwest is the title of a 
valuable paper by St. George L. Sioussat, which is the opening 
contribution in the March number of the Tennessee Historical Mag- 
azine. There is also the first installment of a study of Lardner 
Clark, Nashville's First Merchant and Foremost Citizen, by W. A. 
Provine. The documents in this number consist of some Letters of 
James K. Polk to Andrew J. Donelson, 1843-1848, with introduc- 
tion and notes by St. George L. Sioussat. 

Rosati's Election to the Coadjutorship of New Orleans, by 
Charles L. Souvay; Chronology of the Catholic Hierarchy in the 
United States, by Owen B. Corrigan, dealing with the Provinces of 
Philadelphia, Milwaukee, and Santa Fe; Negro Catholics in the 
United States, by Joseph Butsch; and Early Irish Schoolmasters in 
New England, by Michael J. 'Brien, are articles in the April num- 
ber of The Catholic Historical Review. A number of interesting 
documents appear under the heading, A Bishop for the Indians in 
1790. 

Two articles in the March number of the Indiana Magazine of 
History which deal with the local history of that State are : Univer- 
salism in Indiana, by Elmer Arnold Robinson ; and Old Corydon, by 
Charles Moores. Some Reminiscences of the Civil War: Escape 
from Fort Tyler Prison are presented by Horace B. Little. Of 
more general interest are: The Wilderness Road, by Frances Hig- 
gins ; Memories of the National Road, by Harriet Mclntyre Foster ; 
and Tecumseh's Confederacy, by Elmore Barce. 

Thomas B. Beall is the contributor of some Pioneer Reminis- 
cences, which occupy the opening pages of The Washington Univer- 
sity Quarterly for April. Under the heading of Washington's War 
Governor there is a letter written by William Pickering in 1862. 



HISTORICAL SOCIETIES 



457 



Chief Sluskhi^s True Narrative is presented by LucuUus V, Mc- 
Whorter. An interesting paper by 0. B. Sperlin deals with Wash- 
ington's Forts of the Fur Trade Regime. Edmond S. Meany 
contributes a brief discussion of the Early Records of the Univer- 
sity. Finally, there is the concluding installment of the Diary of 
Colonel and Mrs. I. N. Ehey, edited by Victor J. Farrar. 

Among the articles in the January-March number of the Amer- 
ican Anthropologist are the following: Ceremonial Friendship at 
Zuniy by Elsie Clews Parsons ; Game Totems Among the Northeast- 
ern Algonkians, by Frank G. Speck; The Place of Coiled Ware in 
Southwestern Pottery, by Earl H. Morris; Evidence of Circular 
Kivas in Western Utah Ruins, by Neil M. Judd; Similarities in 
Culture, by W. D. Wallis; and De Soto's Route from Cofltachequi, 
in Georgia, to Cosa, in Alabama, by Daniel M. Andrews. This num- 
ber also contains the constitutions of the American Anthropological 
Association and the American Ethnological Society, and the pro- 
ceedings of the latter organization at the meetings from February, 
1915, to January, 1917. 

A monograph of over seventy pages on Ohio in the Presidential 
Election of 1824, by Eugene H. Roseboom, is the opening contribu- 
tion in the April number of the Ohio Archaeological and Historical 
Quarterly. An illustrated account of the Explorations of the West- 
enhaver Mound is presented by William C. Mills. The Mound 
Builder and the Indian According to the Booh of Mormon is the 
subject discussed by C. W. Clark. Among the editorials are notes 
on the history of Fort Laurens ; on the Campus Martins within the 
limits of the city of Marietta, Ohio; on the life and services of 
Stephen D. Peet ; and on the first court in Ohio. 

A symposium on the Field and Method of the Elementary Col- 
lege Course is to be found in the April number of The History 
Teacher's Magazine. Among the articles in the May number are 
the following : The War and History Teaching in Europe, by Albert 
E. McKinley; and The Minnesota History Teachers' Syllabus, con- 
tributed by C. B. Kuhlmann. The June number contains, among 
others, the following contributions: The Great War: From Spec- 



458 IOWA JOURNAL OF HISTORY AND POLITICS 



tator to Participant, by Andrew C. McLaughlin ; How Far Should 
the Teaching of History and Civics he Used as a Means of Encour- 
aging Patriotism? y by Herman V. Ames; The Passing of Splendid 
Isolation, by Arthur P. Scott; and The National Board for His- 
torical Service, by James T. Shot well. 

Volumes twenty and twenty-one of the Buffalo Historical Society 
Publications consist of a two-volume work by Prank H. Severance, 
entitled An Old Frontier of France: The Niagara Region and Ad- 
jacent Lakes Tinder French Control. The first volume tells of the 
coming of the first white men to the region, of the adventures of 
La Salle, of the expeditions of La Barre and Denonville, of the 
activities of the elder Joncaire and his sons, and of the development 
of the fur trade. Volume two deals with the history of the region 
during the final struggle between the French and the English and 
its acquisition by the latter. The narrative, which is written in a 
very interesting style, is well supplied with notes and references, 
and there are numerous maps and illustrations. 

A brief discussion of The Klamath Exploring Expedition, 1850, 
by Socrates Scholfield, is the opening contribution in The Quarterly 
of the Oregon Historical Society for December, 1916. Some Rem- 
iniscences of Mrs. Frank Collins, nee Martha Elizabeth Gilliam, are 
presented by Fred Lockley. Mrs. Collins was bom in Missouri, and 
her father took part in the Black Hawk War. The Last Will and 
Testament of John Day, who was a member of Astorian expedi- 
tion of 1811-12, is prefaced by an introduction by T. C. Elliott. 
Six letters from Elihu Wright to his brother, Samuel Wright, with 
an editorial note by George H. Himes ; the third installment of the 
Diary of Reverend Jason Lee; and another portion of the Corre- 
spondence of the Reverend Ezra Fisher, complete the contents. 

The Proceedings of the Mississippi Valley Historical Association 
for 1915-1916, edited by Solon J. Buck, appeared in April as a 
supplement to The Mississippi Valley Historical Review, This is 
the first volume of the Proceedings to come out under the new plan 
of issuing all the publications of the Association under the direction 
of the Board of Editors. Among the papers contained in this vol- 



HISTORICAL SOCIETIES 



459 



ume are the following : The Mississippi Valley in American History, 
by Dunbar Eowland; Religion as a Factor in the Early Develop- 
ment of Ohio, by Margaret J. Mitchell; New Light on Early Ken- 
tucky, by James R. Robertson; Internal Improvement Projects in 
Texas in the Fifties, by Charles W. Ramsdell ; The Dutch Element 
in Early Kentucky, by Percy Scott Flippin; The Early Life of 
Jefferson Davis, by Walter L, Fleming; and The Veto Power in 
Ohio, by Reginald C. McGrane. A large number of the papers read 
before the Association have been or will be printed in the Review 
or elsewhere. The lack of an index in the volume is to be regretted. 

The Minnesota History Bulletin for November is taken up with 
Captain Potter's Recollections of Minnesota Experiences, written 
by Theodore E. Potter, who came to Minnesota in 1856 when a 
young man about twenty-four years of age, after having made a 
journey to California and having been a member of Walker's fili- 
bustering expedition to Nicaragua. lowans will find interest in the 
brief discussion of the Spirit Lake massacre, and later of the 
massacre at New Ulm. The February number of the Bulletin con- 
tains two biographical sketches, namely : Captain Henry A. Castle, 
by Gideon S. Ives; and Return Ira Holcomhe, by Warren Upham. 
Among the ''Notes and Documents" is a letter written by Charles 
C. Willson of Rochester, Minnesota, stating a lawyer's view of the 
Kensington Rune Stone; and a note on the genesis of the Repub- 
lican party in Minnesota. A supplement to this number contains 
the Nineteenth Biennial Report of the Society for the years 1915 
and 1916. 

ACTIVITIES 

The State Pioneer and Historical Society of Michigan held its 
forty-third annual meeting at Lansing on May 9th and 10th. 

The annual meeting of the Maryland Historical Society was held 
on February 12, 1917. The report of the committee on membership 
revealed the fact that one hundred and forty new members were 
added during the year 1916, making a total of seven hundred and 
sixty-eight. 



460 IOWA JOURNAL OF HISTORY AND POLITICS 



The new building of the Minnesota Historical Society is rapidly 
nearing completion and it is hoped that it will be ready for occu- 
pancy by the first of October. The total number of books and 
pamphlets in the library of the Society on December 31, 1916, was 
estimated at 124,239, of which 81,239 have been accessioned. 

A movement looking toward the establishment of a State Depart- 
ment of Archives and History has been inaugurated by the Georgia 
Historical Society. 

The annual meeting of the Texas State Historical Association 
was held on March 2nd. The following officers, among others, were 
chosen: Mrs. A. B. Looscan, president; and Charles W. Ramsdell, 
corresponding secretary and treasurer. Forty new members were 
also elected at this time. 

The Madrid Historical Society has recently come into possession 
of the plat of the old town of Elk Rapids in Boone County, which 
was laid out in April, 1851. 

Among the recent acquisitions of the Historical Society of Mar- 
shall County is the first government land patent issued for land in 
Marshall County. It was issued on June 7, 1848, to John Long of 
Illinois as a bounty for service in the Mexican War. He assigned 
the warrant to Joseph Cooper, by whose son it has now been do- 
nated to the Historical Society. 

The eighteenth annual meeting of the Illinois State Historical 
Association was held in the Supreme Court building at Springfield 
on May 10th and 11th. The annual address was delivered by Dr. 
Jenkin Lloyd Jones of Chicago. Among the papers were: The 
Population of Illinois, 1870-1910, by E. L. Bogart; The Public 
Land Policy and Early Illinois Politics, by Theodore C. Pease ; and 
The Presidential Election of 1864, by Arthur C. Cole. 

The Madison County Historical Society held its annual meeting 
at the court house in Winterset on Tuesday, April 24th. The pro- 
gram consisted of a letter from Mrs. Richard Dabney of Portland, 
Oregon, telling of early days in Madison County; an address by 



HISTORICAL SOCIETIES 



461 



B. B. Burton on the importance of the study of history; and a 
paper by W. H. Lewis on the swamp lands of Madison County. 
The following officers were elected: H. A. Mueller, president; 
W. W. Gentry, vice president ; and E. R. Zeller, secretary-treasurer. 
The Society has recently been given a room in the court house for 
the storage and display of its relics and collections. 

The tenth annual meeting of the Mississippi Valley Historical 
Association was held in Chicago on April 26-28, 1917. The ses- 
sions were held in the building of the Chicago Historical Society, 
in the Newberry Library building, and in the Congress Hotel. Be- 
sides the presidential address on The Rise of Sports, 1876-1893, by 
Frederic L. Paxson, the following are among the papers read : The 
Value of the Memoir of George Rogers Clark, by James A. James ; 
Glimpses of Some Old Mississippi River Posts, by Louis Pelzer ; The 
Military-Indian Frontier, 1830-1835, by Ruth A. Gallaher; The 
Pioneer Aristocracy, by Logan Esarey ; Latin-American History as 
a Field of Study for Mississippi Valley Students, by Paul F. Peck; 
and The Influence of the West on the Rise and Decline of Political 
Parties, by Homer C. Hockett. At the business meeting St. George 
L. Sioussat was elected president; Mrs. Clarence S. Paine, secre- 
tary-treasurer; Orin G. Libby, Arthur H. Sanford, and Homer C. 
Hockett, members of the executive committee; and Isaac J. Cox, 
Milo M. Quaife, and Dan E. Clark, members of the board of 
editors. 

THE STATE HISTORICAL SOCIETY OF IOWA 

During the summer the Society will install a number of new 
steel bookstacks to meet the need for more shelf -room for the grow- 
ing library. Additional steel vaults for the preservation of manu- 
scripts will also be installed. 

Dr. Fred E. Haynes, author of the volume on Third Party Move- 
ments Since the Civil War with Special Reference to Iowa, is pre- 
paring a biography of James B. Weaver for publication by the 
Society. 



4()2 IOWA JOURNAL OF HISTORY AND POLITICS 



A volume on the Marches of the First United States Dragoons, 
hy Dr. Louis Pelzer; and a volume on Old Fort Snelling, by Mr. 
JMarcus Lee Hansen, are nearing completion and will be put to 
press during the summer or early fall. 

A biography of Samuel J. Kirkwood, who was Governor of Iowa 
during the Civil War and later United States Senator and Secre- 
tary of the Interior, is now in press. The Associate Editor, Dan E. 
Clark, is the author. 

The following persons have recently been elected to membership 
in the Society: Dr. Henry Young, Manson, Iowa; Mr. Norris A. 
Brisco, Iowa City, Iowa ; Mr. Walter Canaday, Des Moines, Iowa ; 
Miss Ruth A. Gallaher, Iowa City, Iowa; Miss Helen Otto, Iowa 
City, Iowa; and Mr. Henry E. Sampson, Des Moines, Iowa. 



NOTES AND COMMENT 



William C. Brown, State Treasurer of Iowa since 1913, died at 
his home in Des Moines on May 12th. He was born in New York in 
1859. 

Newspapers tell of the recent demolishing of a building in 
Burlington which is said to have been the first hotel in Iowa. Built 
in 1835, it was originally known as the Black Hawk Inn ; and later 
it was called the Harris House. 

On April 25th Governor Harding appointed Truman S. Stevens 
of Hamburg to succeed the late Horace E. Deemer as Justice of the 
Supreme Court of Iowa. 

A National Board for Historical Service has been organized, with 
headquarters at 1133 Woodward Building, Washington, D. C. 
James T. Shot well is chairman; Charles H. Hull, vice chairman; 
and Waldo G. Leland, secretary-treasurer. The purpose of the 
board is to encourage and coordinate activities along historical lines 
which may be of service to the nation during the present crisis. 

An historical pageant entitled ''Louisiana" was performed at 
Knoxville, Iowa, on May 3rd and 4th, a number of local organiza- 
tions participating in the production. 

On April 22nd at Manchester occurred the death of John Wolf, 
who had a long and interesting career. He was born in Pennsyl- 
vania in 1813. Coming west at an early age, he participated in the 
Black Hawk War of 1832. He served for more than a year in the 
Mexican War, and for over three years in the Civil War. His mili- 
tary career also included service on the western plains, during which 
time he made many trips from the Missouri River to Oregon as a 
member of the escort of emigrant trains. 



463 



464 IOWA JOURNAL OF HISTORY AND POLITICS 



Abraham Noe, who was secretary of the Community of True In- 
spiration for twenty-seven years and manager of the Amana Store 
for fifty years, died at his home in Amana late in May. His father, 
William Noe, was a member of the committee of four which was 
sent to America for the purpose of securing a new home for the 
Community. Dr. Charles F. Noe, a son of Abraham Noe, is a mem- 
ber of The State Historical Society of Iowa, and a graduate of the 
College of Medicine of the State University of Iowa. 



CONTRIBUTORS 



John Ely Bkiggs, Eesearch Associate in The State His- 
torical Society of Iowa. (See The Iowa Journal of History 
AND Politics for July, 1915, p. 471.) 

EuTH Augusta Gallaher, Library Research Associate in 
The State Historical Society of Iowa. (See The Iowa Jour- 
nal OP History and Politics for January, 1916, p. 156.) 



lowA Journal 



H i storj^eovd Po! itics 



OCTOBER 191? 




PublisKed QuarterK' iw 

THE STATE HISTORICAL SOCIPTYOF JOM 

Iowa. City iow4. . 



Eatcrcd December 26 1002 &t loira City Iowa a» 



EDITOR 
BENJAMIN F. SHAMBAUGH 
Associate Editor, DAN B, CLARK 



Vol XV OCTOBER 191T 


11 0. t 


CONTENTS 






The Iowa War Loan of 1861 Ivan L. Pollock 


467 


The Legislation of the Thirty-seventh General Assembly 
of Iowa Fraistk Edwaed Horack 


503 


Some Publications ...... 


571 


Western Americana ...... 


574 


lowana . . - . • • • 


576 


Historical Societies ....... 


583 


IiiUIpUo <tIiU v.'Ulll iJJClll' ....... 


591 


Contributors 


592 


Index ...... ^ . 


593 


Copyright 1917 hy The State Historical Society of Iowa 





THE IOWA JOURNAL OF HISTORY AND POLITICS 

Published Qtjabteely 
at iowa city 

SUBSC&IPTION PEICEt $2.00 SINGLE NUMBEEt 50 CENTS 

Address all Commmimtions to 
Ths State Histoeical Sociinr Iowa Cits Iowa 



THE IOWA JOURNAL OF HISTOEY AND POLITICS 

OCTOBER NINETEEN HUNDRED SEVENTEEN 
VOLUME FIFTEEN NUMBER FOUR 



VOL. XV — 31 



THE IOWA WAR LOAN OF 1861 



Perhaps the most interesting feature of the financial 
history of Iowa during the Civil War is to be found in the 
events connected with the floating of the State war loan. 
At the outbreak of the war the finances of the State were in 
a very unfavorable condition: tax administration was in- 
efficient, tax collections were poor, money was scarce, crops 
were poor, and the people were hard up. When the first 
call came for troops the seriousness of the situation was 
not comprehended, and the Governor postponed the calling 
of an extra session of the General Assembly as a matter of 
economy. Although Governor Kirkwood had no funds at 
his disposal and there was no organized militia in the State, 
the branches of the State Bank furnished the needed money, 
and more men volunteered than could be accepted. The 
Governor accepted the money and enrolled troops in greater 
numbers than had been required, relying upon the General 
Assembly to legalize his acts. The outlook for early peace 
did not improve, however, and the indications were that the 
country would be involved in a general civil war. There- 
fore, on April 25, 1861, a proclamation was issued calling 
for an extra session of the General Assembly to convene on 
May 15, 1861.^ 

It was within the province of the Federal government to 
wage and finance the war, but the State of Iowa was loyal 
and willing to do its part. The extraordinary expenses 
which the State was called upon to bear, temporarily, were 
incurred in connection with the preparation of troops for 

1 'Shambaugli 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 470. 

467 



468 IOWA JOURNAL OF HISTORY AND POLITICS 



the Federal service. The troops had to be enrolled, clothed, 
armed, transported, subsisted, and paid. It was a big 
undertaking- and required a great deal of money. The State 
assumed the entire expense of raising its own troops and of 
maintaining them until they were mustered into the service 
of the United States, and it proved to be a heavy strain on 
the financial organization of the State. The Governor and 
other public men labored faithfully and made great per- 
sonal sacrifices, but many of the troops had to be mustered 
into Federal service without arms, without uniforms, and 
without having been paid for their time from the date of 
their acceptance until mustered into National service. It 
was a situation that caused chagrin to the Governor and 
the people of the State, but there seemed to be no immediate 
remedy. 

PEOVISION FOE WAR LOAN 

When the General Assembly convened in extra session on 
May 15, 1861, it was asked among other things to authorize 
the making of a State loan and to provide for the support 
by the State of the families of volunteers. It was thought 
that State bonds would find a ready market ; and the Gov- 
ernor declared that the people of Iowa, knowing that money 
was the sinews of war, would ^'consider alike criminal a 
mistaken parsimony which stops short of doing whatever 
is necessary for the honor and safety of the State, and a 
wild extravagance which would unnecessarily squander the 
public treasure."^ 

Although the special session of the legislature lasted only 
two weeks, much was accomplished. The appropriations 
made by counties and cities for the purpose of equipping 
and paying the expenses of volunteers or of maintaining 

2Shambaugh's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 262. 



THE IOWA WAR LOAN OF 1861 



469 



their families were legalized.^ A War and Defense Fund 
was created, and the Governor was authorized to purchase 
munitions of war and equipment for troops.* Provision 
was made whereby enlisted men were to be paid for the 
time between the date when they were ordered into quar- 
ters by the Governor and the date on which they were mus- 
tered into the service of the United States. The rate of 
compensation was the same as that to which soldiers of 
corresponding ranks were entitled in the United States 
Army.^ An auditing commission was created to audit all 
accounts and disbursements arising under the call for vol- 
unteers or in connection with the organized militia of the 
State. ^ A militia law was also enacted. Counties were 
authorized to make appropriations for the relief and sup- 
port of the families of volunteers. The maximum limit for 
the tax levy for State purposes was raised from two to two 
and one-half mills on a dollar. 

The most important law enacted at this session, however, 
from the standpoint of the State finances, was the act ^'to 
provide for the issue and sale of State Bonds to procure a 
loan of money for the State of Iowa, to enable it to repel 
invasion and defend itself in war.""^ Both houses of the 
legislature assumed that a State loan was necessary, but 
there was a difference of opinion as to the amount to be 
authorized. A compromise between the extremes was 
finally reached, and the State was authorized to issue and 
sell State bonds to an amount not exceeding $800,000. The 
bonds were to run twenty years and bear interest at the 
rate of seven per cent, payable semi-annually. Bonds were 

^ Laws of Iowa (Extra Session), 1861, Ch. 3. 
^Laws of Iowa (Extra Session), 1861, Ch. 4. 
5 Laws of Iowa (Extra Session), 1861, Ch. 11. 
^Laws of Iowa (Extra Session), 1861, Ch. 10. 
f Laws of Iowa (Extra Session), 1861, Ch. 16. 



470 IOWA JOURNAL OF HISTORY AND POLITICS 



to be issued in denominations of one hundred, five hundred, 
and one thousand dollars. 

'*No money arising from the sale of said Bonds, or any 
part thereof, ' ' reads section three of the act, * ^ shall be used 
or applied in any manner, or for any purposes, except the 
purposes of purchasing arms and munitions of war for the 
use of the State, for defraying and paying the expenses 
already incurred, or which may hereafter be incurred in 
calling out troops or organizing, uniforming, equipping, 
subsisting and paying the militia of the State when called 
out under the laws of this State or those of the United 
States, or such other purposes as are or may become neces- 
sary or incident to the repelling of an invasion or the de- 
fense of the State in war,"^ except for the necessary ex- 
penses connected with the issue of the bonds. The same 
section provided that any irregularity in the issuing of the 
bonds should not impair their validity in the hands of bona 
fide holders. 

Section four of the act contained the following pledge : 

The State doth hereby irrevocably pledge its faith to provide ade- 
quate means to pay the interest on the said Bonds as the same may 
become due, and the principal at the expiration of twenty years, 
and for this purpose, all, or so much as is necessary of the revenue 
arising from the entire taxable property of the State shall be and 
the same is hereby set apart and pledged for these purposes. And 
it is hereby made the duty of the Census Board, or other proper 
officer or officers, (which duty may if necessary, be enforced by 
mandamus) to levy in each year a tax sufficient for these purposes, 
after payment of all expenses of collection. 

No tax shall ever be levied by the State of Iowa on the stock 
hereby created, nor on the interest which may be payable thereon; 
and the value of this stock shall in no wise be impaired by the 
authority of this State, provided that nothing herein contained shall 
be so construed as to exempt from taxation any part of the capital 
stock of the Branches of the State Bank of lowa.^ 

&Laws of Iowa (Extra Session), 1861, Ch. 16, See. 3. 
s Laws of Iowa (Extra Session), 1861, Ch. 16, Sec. 4. 



THE IOWA WAR LOAN OF 1861 



471 



The Governor and four other commissioners named in 
the act were constituted a hoard to determine, from time to 
time, the amount of bonds that should be sold. The funds 
accruing from the sale of these bonds were to constitute a 
fund separate from the general revenue of the State and be 
known as the ^^War and Defense Fund^'. Only the war- 
rants drawn in payment of war expenses were to be paid 
from this fund. 

The Treasurer of State and Maturin L. Fisher were 
named in the act as agents of the State **with full power to 
negotiate said loan, to sell and transfer the said Bonds, and 
to do all things necessary in the premises. These agents 
were required to give heavy bonds ; and careful safeguards 
were placed upon all transactions connected with the dis- 
position of the war bonds. The act declared that all sales 
of the bonds should be for specie, payable upon the delivery 
of the bonds to the purchasers. It also provided that the 
matured coupons on the bonds of one hundred dollars 
should be receivable in payment of all State taxes. 

The act left it to the discretion of the commissioners 
whether or not any part of the bonds should be sold at pri- 
vate sale in this State at par, before they were offered in 
New York City. It specified the manner of offering the 
bonds for sale in New York, how they should be advertised, 
and at what time the bids were to be received and opened. 

The law was carefully drawn and all the steps necessary 
for the successful negotiation of the loan were provided for. 
The State had been economical and conservative in all its 
financial transactions. Its debt was small, its population 
was increasing rapidly, its resources were great and un- 
impaired, and the interest on its bonds was greater than 
that on the bonds being negotiated by many of the other 
northern States. In his message to the General Assembly 

ioLaws of Iowa (Extra Session), 1861, Ch. 16, Sec. 6. 



472 IOWA JOURNAL OF HISTORY AND POLITICS 



AvluMi it met to provide for the loan Governor Kirkwood 
said : 

I feel assured that the State can readily raise the means neces- 
sary to phice her in a position consistent alike with her honor and 
her safety. Her territory of great extent and unsurpassed fertility, 
inviting and constantly receiving a desirable emigration, her popu- 
lation of near three quarters of a million of intelligent, industrious, 
energetic and liberty-loving people, her rapid past and prospective 
growth, her present financial condition, having a debt of only about 
one quarter of a million dollars unite to make her bonds among the 
most desirable investments that our country affords. 

On the surface, conditions appeared to favor the success- 
ful negotiation of the loan. In 1858 the State had borrowed 
$200,000 for current expenses on ten-year, seven per cent 
bonds and the whole sum was taken by the banking firm of 
Cook and Sargent of Iowa for $200,005.^^ Moreover, during 
the first year of statehood Iowa had contracted a loan of 
$55,000 at par,^^ for ten years at ten per cent. The interest 
on this debt was paid as it fell due and the principal was 
redeemed upon maturity. 

THE BONDS PLACED ON THE MAEKET 

The Board of Commissioners met at Des Moines on June 
13, 1861, for the purpose of determining the amount of 
bonds to be offered for sale. After some deliberation they 
ordered the issue and sale of bonds to the amount of 
$400,000, in denominations of one hundred, five hundred, 
and one thousand dollars. Both the interest and principal 
of all bonds of one hundred dollars, none of which were to 
be sold outside of the State, were made payable at the State 

11 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, p. 262. 

12 Lavjs of Iowa, 1858, Ch. 7 ; Senate Journal, 1858, p. 514. 

Laws of Iowa, 1846, Ch. 37; House Journal (Extra Session), 1848, p. 27, 
14 Eeport of the State Auditor, 1858. 



THE IOWA WAR LOAN OF 1861 



473 



treasury. The agents for the sale of bonds were ordered to 
sell bonds at private sale in Iowa, at their nominal par 
value, until July 8, 1861, at which time they were to repair 
to New York City for the purpose of receiving sealed pro- 
posals for the unsold portion of the bonds.^^ 

That Governor Kirlnvood favored the sale of a larger 
amount of the bonds is indicated by a letter written by him 
on the day the commissioners met. In a letter addressed to 
Asahel W. Hubbard, whom the Governor had appointed as 
an aid to assist in the protection of the northwestern fron- 
tier, he stated that the Board of Commissioners had just 
met and had fixed the amount of bonds to be issued at 
$400,000. ''This, I am sorry to say, is one hundred thou- 
sand dollars less than I deem absolutely necessary, and 
placed me in a very embarrassing situation." The burden 
of the letter was to the effect that no expense was to be 
incurred unless it was absolutely necessary for the protec- 
tion of the lives and property of the people. Even in that 
event the expenses incurred could not be paid promptly.^^ 

15 Shambaugh 's Messages and Proclamations of the Governors of Iowa, Vol. 
II, pp. 474-478. 

The writer has been unable to find a record of the proceedings of the Board 
of Commissioners, although careful search was made in the State Archives and 
in the State Library. 

Executive Journal, 1858-1862, Vol. I, p. 449. 

On June 21, 1861, Governor Kirkwood sent the following letter to the sev- 
eral members of the Board of Bond Commissioners: 

"1 have just received a dispatch from Washington Citj, saying that three 
additional regiments of Infantry, and one of Cavalry, have been accepted from 
this State. 

^'This will in my judgment render necessary a further sale of bonds. 

''You are therefore required to meet me, at Des Moines, at 12 oclock of 
Tuesday, the 2 ' day of July to attend a second session of the Board to deter- 
mine the amount of bonds to be sold, under the law of the extra session, 
authorizing the sale of State Bonds." — Executive Journal, 1858-1862, Vol. I, 
p. 475. 

It appears, however, that the other members of the board were not of the 
same opinion as the Governor and no authorization was given for the sale of 
additional bonds. 



47-1 IOWA JOURNAL OF HISTORY AND POLITICS 



The loan agents advertised the sale in a statement giving 
the conditions of the sale and containing information con- 
cerning the bonds, which was published in many of the 
newspapers of the State. With the advertisement appeared 
the following proclamation by Governor Kirkwood, urging 
the people of the State to invest in the ' ' State Stocks ' ' : 

The State appeals to you in the present crisis. Three thousand 
of our young men have crowded to the field, as if to a banquet, 
cheerfully offering their lives to defend our country and its flag, 
and thousands more but await the opportunity to follow the glori- 
ous example. But to maintain those who have already gone, to 
equip those who may follow, money, ''the means of war" must be 
had. In the great money marts of the country, the Eastern Cities, 
the bonds of the United States, and of the various loyal States, are 
seeking a market, and the supply there exceeds the demand. If all 
our bonds must be sold there, they will probably sell for less than 
par, thus lessening the means at the disposal of the State. 

This appeal is therefore made to you, to step forward and render 
your aid to the State, and the country, in this their hour of peril. 
I am well aware that you are just recovering from the effects of the 
prostration of the prosperity of the State in 1857 ; that while rich 
in everything else we are poor in money; that it will require some 
sacrifice on our part to take these bonds. But will you not make 
that sacrifice? Your neighbors, your sons, your brothers, are 
freely periling their lives. Can not we who stay home make some 
sacrifice to aid them ? Shall it be said that while so many are eager 
to undergo the toils, and perils, of a soldier's life, to defend our 
country's honor, none can be found to furnish the necessary means. 
The world cannot offer better securities than are the bonds of Iowa, 
and the pride and patriotism of her people, as well as their interest, 
require that these bonds shall be taken promptly, and at par. 
"Within six months from the days that peace is declared, they will 
command a premium, and be eagerly sought by capitalists. Until 
that time, and in order to hasten that time, let those of you who can 
not show your patriotism otherwise, step forward, and by the per- 
formance of this duty, as important but less dangerous than that of 
the soldier, show that all the patriotism of Iowa is not in the camp 
with her soldiers. 



THE IOWA WAR LOAN OF 1861 



475 



Call meetings in your respective counties, place these matters 
fully and fairly before the people, and ask them if they will not, 
for the sake of the good cause and the credit of our young State, 
see to it that Iowa does her duty in money as well as in men. 

There has been a manly strife among our Counties as to which 
should have the most men in the field. Let there now be a strife as 
earnest as to which, in proportion to its means, shall furnish the 
greater support in money. 

There is not a man or woman in Iowa, who would not blush if we 
had to seek men outside of our State to fill the ranks of our regi- 
ments. Shall it be said that we had to go outside of our State for 
means to equip and pay them?!"^ 

In preparation for the sale of bonds in the East, the fol- 
lowing advertisement was on June 14, 1861, sent by the 
Governor to the New York Daily Times, the New York 
Tribune, the Daily New York Journal of Commerce, the 
Daily Boston Post, the Boston Daily Atlas, and the Daily 
Chicago Tribune, with the request that it be printed in their 
regular issues until the 12th of July, 1861 

sale op iowa state stocks 

Proposals for a Loan to the State of Iowa of a sum not ex- 
ceeding $400,000. — Sealed proposals will be received by the Under- 
signed agents, at the Metropolitan Bank in the City of New York 
until 12 Oclock M. of Saturday the 13'' day of July next for loan- 
ing to the State of Iowa a sum not exceeding Four Hundred Thou- 
sand Dollars, being a part of a loan, not exceeding Eight Hundred 
Thousand Dollars, authorized by an act passed at the Extra session 
of the Eighth General Assembly entitled ''AN ACT to provide for 
the issue and Sale of State Bonds, to procure a loan of money for 
the State of Iowa, to enable it to repel invasion and defend itself in 
War." Approved May 28, 1861. 

The sum for which the sealed proposals, aforesaid will be re- 
ceived will fall short of $400000 by the amount of that sum for 

17 Shambaugli 's Messages and Proclamations of the Governors of loxca, Vol. 
II, pp. 476-478. 

18 Executive Journal, 1858-1862, Vol. I, p. 451. 



476 IOWA JOURNAL OF HISTORY AND POLITICS 



which Bonds may be sold in the State at private sale at their nom- 
inal par value previous to the 13, day of July 1861. 

The Bonds for the sale of which the said sealed proposals will be 
received are in the sum of One Thousand, or Five Hundred Dollars 
each (at the option of the party making the proposal, to be expressed 
in said proposal) Signed by the Governor, Countersigned by the 
Auditor and Treasurer, and attested by the Great Seal of the State 
of Iowa, with interest coupons attached, signed by the Auditor of 
State, but not attested by the Great Seal of the State; providing 
for the reimbursement of the principal at the expiration of twenty 
years, from the date thereof, and for the payment of interest semi- 
annually on the first days of January and July of each year, at the 
rate of seven per cent per annum, both principal and interest on 
said Bonds being payable at the Metropolitan Bank in the City of 
New York, but the Governor may cause such payments to be made 
at any other place in the City of New York by giving thirty days 
public notice of such place in three newspapers in said City. 

The State has irrevocably pledged its faith to provide adequate 
means to pay the interest on said Bonds as the same becomes due, 
and their principal at the expiration of twenty years, and for that 
purpose, all or so much as is necessary of the revenue arising from 
the entire taxable property of the State has been and is set apart 
and pledged for these purposes; and it is made the duty of the 
Census Board, or other proper officer or officers, (which duty it is 
provided by law, may if necessary be enforced by mandamus) to 
levy in each year, a tax sufficient for these purposes, after payment 
of all expenses of collection. 

No tax it is provided by law shall ever be levied by the State of 
Iowa on the stock thereby created, nor on the interest which may be 
payable thereon, and that the value of said stock shall in no wise be 
impaired by the authority of the State but it is expressly provided 
that nothing in said law contained shall be so construed as to ex- 
empt from taxation any part of the Capital Stock of the Branches 
of the State Bank of Iowa. 

The One Hundred Dollar Bonds authorized by said act will be 
sold if at all in the State. 

No conditional proposal will be considered. The right is reserved 
to reject all or any such proposals if it shall be considered that 
such rejection will promote the best interests of the State. 



THE IOWA WAR LOAN OF 1861 



477 



The terms will be Specie payable in hand on delivery of the 
Bonds sold to the purchasers. 

The proposals will be opened at 12 o clock M. on the 13' day of 
July A. D. 1861, by the undersigned, at the place of reception in 
presence of such persons as may see proper to be present, and the 
loan awarded to the best and highest bidders if accepted, on the 15' 
day of July A D 1861. 

Proposals must be addressed under seal to the undersigned care 
of jNIetropolitan Bank New York City, Marked "Proposals for 
Iowa State Loan". 

A number of the certified copies of the act authorizing said Loan, 
and of the action of the Board of Commissioners there provided for 
with other documents pertaining thereto can be found at the Metro- 
politan Bank in the City of New York for inspection and exam- 
ination. 



Bids for the bonds to the amount of about $50,000, at par, 
were received from residents of the State within a few days 
after they were offered for sale,^^ and the indications were 
that the loan would be successfully floated. Then a cam- 
paign to discredit the ^^lowa State Stocks'' and prevent 
their sale at a good price was opened by the financial editor 
of the daily New York Herald. The financial and commer- 
cial columns of that paper for Monday, June 24, 1861, con- 
tained the following article : 

Parties who are in search of investments during the war will 
find what they want in the loans being negotiated by the general 
government and the great free States of the North. These can 
generally be recommended as safe, and they are pretty sure to 

19 Manuscript copy, Miscellaneous Documents from Secretary of State 's Office 
in State Archives. 

20 Iowa State Begister, July 3, 1861. 




CAMPAIGN" TO DISCEEDIT THE IOWA BONDS 



478 IOWA JOURNAL OF HISTORY AND POLITICS 



yield a handsome income. Yesterday at noon the bids for $1,200,000 
new Indiana six per cents were opened at the office of Messrs. 
Winslow, Lanier & Co., in Wall street. They amounted to $1,408,- 
000, and there did not appear to be any mere speculative bids 
among them. The State agents at once decided to reject bids for 
about a million of dollars, which were below 85. They will decide 
tomorrow whether they cannot afford to place the limit even higher. 
This is a security which can be recommended to capitalists. The 
successful bidders at 85 will probably have an opportunity before 
long of selling out at a profit if they desire to do so. The new 
loans of the State of New York, Pennsylvania (which has been 
taken at par), Maine (part of which has been taken at a premium), 
New Jersey, Connecticut, Ohio and Illinois are likewise very de- 
sirable investments. 

We must, however, make an exception to the general rule in the 
case of the proposed loan of the State of Iowa. That State is now 
in the market for a war loan. In order to borrow, without violating 
the State constitution, the State authorities are obliged to act on the 
fiction that the State is in danger of invasion. If the people of the 
State of Iowa had established a character for honor and integrity, 
the public would perhaps feel that the vice which thus taints the 
new loan in its inception would never be pleaded in bar of its due 
payment. But we regret to say that the people of the State of Iowa 
have earned precisely the character which warrants the belief that 
they would after they got the money, resort to this and every other 
available trick to defraud the parties who had lent it. There is 
hardly a town or a populous county in Iowa which is not at this 
moment evading or attempting to evade its most solemn obligations. 
Such towns as Davenport, Burlington, Dubuque, Keokuk, Musca- 
tine, and such counties as Henry, Desmoines, &c., which have been 
built up by the railroads intersecting the State, are repudiating in 
the most barefaced manner the bonds they gave to help construct 
the roads, generally on the shameful plea that the towns and coun- 
ties had no legal right to give the bonds which were in effect the 
cause of their prosperity. These repudiating tricks receive the 
countenance of the Iowa courts. As was the case a couple of years 
ago in Wisconsin, and for many years in Mississippi, courts, judges, 
lawyers, politicians and people are all leagued together to cheat 
their creditors. It is with regret that we feel it to be our duty to 



THE IOWA WAR LOAN OF 1861 



479 



protest against the negotiation of any Northern State loan in the 
present crisis. But the dishonesty of the towns and counties in 
Iowa has been so uniform and so flagrant of late that it would be 
inexcusable to permit their war loan to pass without remarking 
that it offers a tempting opportunity for repudiation, and that the 
people of Iowa have evidently no scruples of honor or honesty on 
the subject of repudiating their debts .21 

Again on June 29tli, the same paper in its general dis- 
cussion of the financial market stated that one of their 
correspondents had just returned from a collecting tour in 
the West. His reports were discouraging : western debtors 
were very indifferent about fulfilling their obligations, 
while individuals, cities, and towns alike deemed it no dis- 
grace to evade the payment of their debts. The financial 
editor warned eastern merchants against extending long 
credit to westerners and concluded his article with the ad- 
vice that *^no opportunity should be lost of teaching these 
western people the cost of dishonesty. There should not be 
a single bid for the Iowa State war loan of $400,000, until 
the repudiating towns of that State — Burlington, Daven- 
port, Keokuk, Muscatine, Dubuque, &c., — and the repudi- 
ating counties — Henry, Desmoines &c. — have repented of 

their roguery, and commenced honestly to pay their 
debts. ''22 

The citizens and newspapers of Iowa resented this un- 
warranted attack upon the credit of the State, but the Neio 
YorJc Herald continued its campaign. In its issue for July 
2, 1861, it stated that a letter had been received from a 
citizen of Iowa in which it was asserted that the payment of 
debts by the repudiating towns and counties of the State 
had been opposed only by individual taxpayers who would 
apply for an injunction and receive it, and not by the whole 

21 New YorTc Herald, June 24, 1861. 

22 New YorJc Herald, June 29, 1861. 



480 IOWA JOURNAL OF HISTORY AND POLITICS 



commiiiiit3\ The Herald thereupon elaborated an argument 
in which it declared that the Iowa war loan would be a very 
unsafe investment, because on the face of it, it was uncon- 
stitutional. That being the case, the State could not pre- 
vent individual taxpayers from procuring an injunction 
against the payment of the coupons on the ground of the 
unconstitutionality of the loan. It characterized as prepos- 
terous the idea that the State was in danger of invasion or 
that there was an insurrection or that the State was obliged 
to defend itself; and declared that no court could uphold 
the constitutionality of the law authorizing the loan. The 
law would be declared unconstitutional and the loan repudi- 
ated. Such action, the editor declared, could not occur in 
some States, because public opinion would not tolerate such 
a swindle ; but in Iowa, where both cities and counties had 
repudiated their debts in the most barefaced way, no reli- 
ance was to be placed upon public opinion or public faith.^^ 
A public meeting was held at Davenport on July 1st to 
consider the articles published in the New York Herald on 
the subject of the Iowa war loan; and a committee consist- 
ing of Messrs. Dillon, Dow, and Hill was appointed to pre- 
pare an answer. The committee prepared a brief argument 
showing: first, that the bond issue was permitted by the 
Constitution [Par. 4, Art. VII] and was therefore valid; 
and second, that Chief Justice Caton of the Illinois Su- 
preme Court had declared valid the Illinois law authorizing 
a war loan, and that the Iowa constitutional provisions 
were the same as those of Illinois.^'* The report of the com- 
mittee was published in full in the New York Herald, with 
the following comments : 

One does not need to be a lawyer to perceive that the debt which 
the government of Iowa now proposes to contract is neither to ''re- 

23 New YorJc Herald, July 2, 1861. 

2^ New YorTc Herald, July 9, 1861; Davenport Gazette, July 2, 1861. 



THE IOWA WAR LOAN OF 1861 



481 



pel invasion" nor to ''suppress insurrection" nor to "defend the 
State in War". It is for a wholly different purpose, never contem- 
plated by the framers of the State constitution, viz. — to enable the 
State to fulfill its constitutional obligations to the federal govern- 
ment. No court of justice, whether in Iowa or out of it, could hold 
that the State is or has been in danger of ''invasion" is prey to 
*' insurrection", or in need of "defense in war". Nor does the 
extra judicial opinion of Chief Justice Caton, of Illinois, mend the 
matter. In the first place, the Chief Justice does not say that the 
Illinois bonds are valid. He merely says that bonds issued for the 
purposes specified in the State constitution — which these Iowa 
bonds are not — would be valid. But why waste time with Judges' 
opinions? There never has been any lack of judicial and extra- 
judicial opinions in favor of the validity of Western bonds before 
their negotiation. Such opinions only begin to grow scarce after 
the bonds have been sold and the money obtained. In all the West- 
ern States which have repudiated the unanimity of the courts in 
favor of the rights of creditors, before the people of the State had 
borrowed all the money they needed was as striking as their 
unanimity in opposition to the collection of debts afterwards. In 
some instances the same judges gave judgment both ways. In oth- 
ers, when the money had been borrowed, and no more could be had, 
the conscientious constituency threw the "creditors' judge" over- 
board, and elected a "debtors' judge" in his stead. It has been so 
in Iowa, and it is now time that the people of that State should feel 
the penalty of their conduct. The war bonds of the State of Iowa, 
which are to be awarded on Saturday next, are issued in direct 
violation of the constitution of that State, and will be pronounced 
unconstitutional, null and void by the courts on the application of 
any single tax payer. If the people of Iowa had shown, in their 
dealings with their creditors, a high sense of honor or honesty, that 
would constitute a guarantee against the repudiation of these bonds. 
What sense of honor or honesty prevails among the people of Iowa 
may be inferred from the fact that, with one or two exceptions, 
every city and every county in Iowa that ever borrowed a dollar 
has either absolutely repudiated or is trying to repudiate the debt 
on some shameful technical plea, and that in every instance the 
courts favor the repudiators.^^ 

25 New YorJc Herald, July 10, 1861. 
VOL. XV — 32 



482 lOAVA JOUKNAL OF HISTORY AND POLITICS 



On the following day, July 11, 1861, two days before the 
bids for the Iowa war bonds were to be awarded, the New 
York Herald published the following letter without com- 
ment 

TO THE EDITORS OF THE HERALD 
IOWA BONDS 

New York, July 10, 1861. 
Certain good citizens of Iowa are displeased with the course of 
the Herald on the subject of Iowa bonds. They take some pains to 
explain and quote a judge from Illinois. In 1853 the Supreme 
Court of Iowa held that a county had the constitutional right to aid 
in building a railroad, and that section 114 of the Code applied to 
or included railroads. In 1855 the General Assembly provided 
(Sec. 2) that whenever a railroad should have received bonds of 
any city or county upon stock subscription, the rate of interest 
should be, &c. The same Legislature passed a law restricting judges 
and other officers as to the issue of such bonds. Thus the Legisla- 
ture confirmed the views of the Supreme Court as to section 114, 
applying to railroads as well as to other roads. In 1857 the Su- 
preme Court held that the question of legality of county subscrip- 
tions for railroads had been denied, and the decision would be 
adhered to. The bona fide holder must be protected. In 1858 the 
Supreme Court adhered to the same decision, and said that subject 
would not again be discussed. After a time the creation of indebt- 
edness became so alarming, and the tendency to repudiate so de- 
cided, that in the new constitution a clause was inserted to legalize 
the amounts issued, and at the same time to restrict further issues. 
In 1859 the Supreme Court of Iowa held that section 114 was not 
to apply to railroads, and that when injunctions against the issue of 
bonds took place before the bonds reached the hands of the bona fide 
holders, the issue could be enjoined. The court — same term — • 
held that where bonds had passed into the hands of bona fide hold- 
ers they were valid and binding. Thus, till 1859, the Legislature 
and courts of Iowa upheld the bonds so long as it suited. How 
now? In 1861 the State courts and the federal courts in Iowa re- 
versed all former decisions. The United States Judge decides, in 

26 New YorTc Herald, July 11, 1861. 



THE IOWA WAR LOAN OF 1861 



483 



direct opposition to the United States Supreme Court, decisions in 
suits of Bondholders v Knox & Co., Indiana and Pittsburg City. 
The late decisions are a judicial repudiation of contracts in the face 
of prior judicial confirmation of same and similar contracts by the 
highest tribunal in the country. Now I ask if — when a Supreme 
Court has for years confirmed issues of bonds, and when the United 
States Supreme Court rules that such issues in hona fide holders' 
hands are good, and that the debtor cannot plead his own fault and 
neglect in extenuation of the debt — under these circumstances a 
future court can upset all that has been done since 1855, where is 
the security in any bond in Iowa ? We simply see that an elective 
judiciary affords no security, and we cannot see that an elective 
State government can or will afford better security. If the at- 
mosphere of Iowa is so poisoned that public opinion forces them to 
reverse repeated decisions of their highest tribunals, what guarantee 
have we that public opinion will not force the State authorities, 
sooner or later, to repudiate the proposed war debt ? When judges 
and courts held office at the good will of the people, it becomes high 
time for the creditor, or proposed creditor, to inquire closely into 
the antecedents of the proposed debtor. What are the antecedents 
of the people of Iowa ? Let the history of Dubuque, Lee, Muscatine, 
Burlington, &c., answer. 

[Signed] One of the Bitten Ones. 
PREVIOUS DECISIONS OF THE COURTS 

On the surface these charges against the counties and 
cities of Iowa were not without some justification. In many 
instances counties of the State had voted to exchange their 
bonds for stock in railroad companies. There had been 
several cases in the courts of the State either to enforce the 
payment of the bonds or to enjoin their issue, and there had 
been a difference of opinion in the court decisions. In the 
case of Duhuque Co. vs. The Dubuque and Pacific Railroad 
Company, the Supreme Court of Iowa held that section one 
hundred and fourteen of the Code of 1851 was sufficient 
legislative authority to make the action of counties binding, 
but it was admitted that counties and municipalities had no 



484 IOWA JOURNAL OF HISTORY AND POLITICS 



right to issue their bonds for railroad stock without legis- 
lative permission.^'^ 

In 1859, in the case of Stokes vs. The County of Scott, the 
Supreme Court decided that the counties of the State had 
no power to borrow money or subscribe for stock to aid in 
the construction of railroads; and held that the issuing of 
bonds by counties, or the transfer of such bonds by the cor- 
porations to whom they were issued could be restrained by 
injunction.-^ The same court later held that the General 
Assembly had no power to authorize counties, in their cor- 
porate capacity, to become stockholders in railroads, and 
that section one hundred and fourteen of the Code of 1851 
was not sufficient authority to empower counties and cities 
to issue their bonds in the aid of railroad construction.^^ 
These later decisions were not reversed. 

The courts had, however, been very careful in rendering 
these decisions, to protect the interests of innocent pur- 
chasers, and the counties and cities were held responsible 
for their bonds in case they had been delivered into the 
hands of bona fide holders. No repudiation of real debts 
was possible and none took place. The railroad companies 
were, of course, losers because these decisions prevented 
cities and counties from over-burdening themselves in 
favor of the railroads. 

DEFENSE OF THE CREDIT OF THE STATE 

The newspapers of Iowa and officials and individual cit- 
izens of the State now did what they could to counteract the 
effect of the attack upon the credit of the State which 
threatened to make the bond issue a failure. The people of 

27 4 Greene 1 (Iowa). 

28 10 Iowa 166. 

29 State of Iowa, ex rel. The Burlington and Missouri River Railroad Com- 
pany V. The County of Wapello, 13 Iowa 388. 



THE IOWA WAR LOAN OF 1861 



485 



Iowa were urged to purchase the bonds in order to keep the 
interest money in the State. Newspapers declared the 
bonds to be a safe investment and urged the desirability of 
investments not liable to taxations.^^ On July 2, 1861, 
Governor Kirlnvood wrote to the officials of each of the 
branches of the State Bank of Iowa, expressing the hope 
that the branches would take at par the amount of State 
bonds needed by them to make up their safety funds, instead 
of bidding for the bonds in New York. It was known at 
home and abroad that the branches desired the State bonds 
for their safety funds. The Governor pointed out that the 
failure of the branches to take the bonds at par before they 
were offered for sale in New York would produce two bad 
results : first, it would discourage the people of Iowa from 
buying the bonds at par because they looked to the bankers 
as leaders and would follow their example ; and second, for 
the branches to refuse to take the bonds at par would deter 
New York capitalists from taking them at par, because it 
would not be reasonable to expect outsiders to bid par for 
bonds which the leading men of the State issuing them indi- 
cated by their acts were not worth par. The Governor 
declared that the State had the right to expect much from 
the State Bank, that the bonds were intrinsically worth par, 
and pleaded that the matter be carefully considered and 
that the several branches make up their safety funds at 
home at par, thus aiding the credit of the State in a time of 
great need.^^ 

On July 2, 1861, Mr. Hiram Price, an Iowa banker and 
financier, wrote to one of the State Loan Agents, who was 
at that time in New York, stating that in his opinion a com- 
bination existed to prevent the sale of Iowa bonds, except 

50 The Dubuque Herald (weekly), June 26, 1861, July 3, 1861; loiva State 
Eegister (Des Moines), July 3, 1861. 

31 Executive Journal, 1858-1862, Vol. I, pp. 464, 465. 



486 IOWA JOURNAL OF HISTORY AND POLITICS 



at a ruinous rate, and suggested that such a scheme might 
be '^headed off" by arranging with someone to purchase a 
few bonds at an agreed price — eighty-five cents on the 
dollar for instance. If n'ecessary the Agent could, of course, 
be prepared to take the bonds off the purchasers' hands at 
the rate paid. This plan, Mr. Price thought, would fix a 
New York price at a reasonable figure and enable the State 
Agent to sell some bonds at home. He emphasized the 
pressing necessity of selling bonds at once and expressed 
the conviction that sales could not be made in Iowa at a 
higher figure than that fixed in New York.^^ Justice George 
Gr. Wright of the Iowa Supreme Court wrote to State 
Treasurer and State Agent J ones on July 5th to the effect 
that the New York Herald's attack on the constitutionality 
of the Iowa war bonds was without foundation. He de- 
clared the law authorizing the bonds to be constitutional, 
and maintained that the counties and cities of the State had 
never repudiated any of their debts.^^ A few days later 
Chief Justice Ralph P. Lowe wrote to the State Treasurer 
the following letter : 

Keokuk, Iowa, July 8, 1861 

Hon. J, "W. Jones, State Treasurer — 

The constitutional validity of the State bonds upon which the 
war loan is being made having been questioned in some quarters, 
his Excellency Gov. Kirkwood has requested an opinion upon the 
subject from the supreme tribunal of the State. The constitution 
limits the State indebtedness to $250,000, with an exception in the 
following words : 

^^In addition to the above limited power to contract dehts, the 
State may contract dehts to repel invasion, suppress insurrection, or 
defend the State in war." 

We are not at liberty to entertain a doubt that a state or condi- 

32 Miscellaneous 'Correspondence from the State Treasurer's Ofifice in the 
State Archives, Des Moines. 

33 Miscellaneous Correspondence from the State Treasurer's Office in the 
State Archives, Des Moines. 



THE IOWA WAR LOAN OF 1861 



487 



tion of things exists in this country, which fully brings the power 
of the State, to contract a debt beyond this constitutional limit, 
within the true meaning and sense of the above exception. The 
doubt, if any is honestly cherished, must have had its origin in the 
idea, that the invasion or rebellion referred to must be local and 
confined to our own borders and not extra territorial. — This re- 
stricted interpretation of the constitution overlooks the true theory 
of our political system, the connection and dependencies subsisting 
between the State and Federal Governments, that the former is a 
member incorporate of the latter, deriving its limited sovereignty — 
its legal status — its rights and powers — its independence and 
liberty from the Union, the overthrow of which by a rebellion, 
could not occur without in an important sense affecting the political 
status of the State. 

Whether, however, this be true or not, one thing is clear, that it 
is the exclusive province of the law-making power to judge of the 
necessity, and to determine whether a state of things exists, making 
it important for the safety of the State, that a loan of money should 
be effected, and inasmuch as the act authorizing the issue and sale 
of State Bonds to procure such loan, declares that it is to enable the 
State to repel invasion and defend itself in war, that that absolutely 
concludes the question, and that no court in this country, laying 
the slightest claim to respectability would undertake to determine 
that the facts were otherwise than as found by the General Assem- 
bly. I need not say, perhaps, that my associates, Judges Wright 
and Baldwin, concur substantially in the above opinion. 

[Signed] R. P. Lov^e, Chief Justice ^4 

These opinions were published in the leading newspapers 
of the State, nsnally with editorials expressing approval. 

THE FAILURE OF THE BOND SALE 

In accordance with previous arrangements the State 
Loan Agents met in New York City on July 13, 1861, for the 
purpose of examining the proposals for the State war 
bonds. The market was flooded with the securities of the 
national government and with those of the other northern 

34 Iowa State Eegister (Des Moines), July 17, 1861. 



488 IOWA JOURNAL OF HISTORY AND POLITICS 



States. In fact, it would not have been surprising had the 
proposals for the Iowa loan been made at less than par had 
there been no opposition to the sale from outside sources. 
Iowa securities had not been offered in the New York mar- 
ket : they were new and unknown. In addition to their new- 
ness the pre-sale campaign conducted by one of the leading 
New York newspapers against the proposed loan was to 
some extent successful in its effort to discredit the good 
faith of the State. Consequently, when the State Loan 
Agents opened the proposals for the Iowa war loan on July 
13, 1861, they found that the bonds could be sold in New 
York only at a discount. The bids were as follows 

35 The report of the Loan Agents on the bids received in New York City, 
dated from the Metropolitan Bank, New York, July 13, 1861, reads as follows: 

''The undersigned Agents for the State of Iowa for the purpose of negoti- 
ating a Loan of 400,000$ in accordance with the provisions of An Act of the 
General Assembly of Said State approved May 28th 1861 met this day at 12 
oclock M and proceeded to open the following proposals to wit 



$500 


George Logan 


at '85 cents 


10,000 


S. E. Comstock 


80 cents 


100,000 


White Morris & Co. 


85% cents 


50,000 


White Morris & Co. 


88 cents 


50,000 


E. Valiant 


81 cents 


30,000 


E. Valiant . - 


83% cents 


20,000 


E. Valiant 


86% cents 


15,000 


E. Valiant 


87 37/100 cents 


5,000 


B. F. Manierre 


82 cents 


15,000 


B. F. Manierre 


85% cents 


15,000 


B. F. Manierre 


87 cents 


15,000 


Frank W. Ballard 


at 86 cents 


10,000 


Frank W. Ballard 


86% cents 


57,000 


Samuel Merrill 


87% cents 


5,000 


Cephas Brainard 


81 cents 


5,000 


Cephas Brainard 


83% cents 


5,000 


Cephas Brainard 


85 cents 


3,000 


Cephas Brainard 


87% cents 


3,000 


E. Clark for Iowa City Branch 


92 cents 




Total 


$403,500 



''Now on this 15th day of July 1861 The Agents met at the Metropolitan 
Bank at 12 oclock M. and determined to reject all bids under 90 cents of the 
nominal par value of said 'Iowa State Stocks.' It is therefore agreed to 
accept the bid of E. Clark Esq. (for the Iowa City Branch of the State Bank 



THE IOWA WAR LOAN OF 1861 



489 



$10,000 at 80 cents on the dollar ; 55,000 at 81 ; 5000 at 82 ; 
35,000 at 831/0; 5500 at 85; 115,000 at 851/2; 15,000 at 86; 
30,000 at 861/2; 5000 at 87; 15,000 at 87 37-100; 60,000 at 
871/2; 50,000 at 88; and 3000 at 92. 

These proposals compared very favorably with those re- 
ceived by the other northern States, and taking into consid- 
eration the great need of the State for money at that time, 
it appears that the State would have done well to sell the 
bonds at the best obtainable price. The commissioners ap- 
pointed to supervise the Loan Agents had met on July 3, 
1861, however, and directed the Agents not to accept any 
proposals at less than ninety cents on the dollar of the par 
value of the bonds. Therefore, when the Agents met on 
July 15, 1861, to accept or reject the proposals for the bonds 
the only proposal accepted was the bid of Mr. Ezekiel Clark 

of Iowa) for 3000$ of said Stocks in sums of 1000$ each, at 92 cents and 
that all other bids for said Stocks be not accepted. — Legislative Acts for 1861 
from the Governor's office in the State Archives, Des Moines. 

The writer has been unable to find a copy of the complete report of the 
State Loan Agents. That they did make a formal report is known, because 
Governor Kirkwood transmitted a copy of the report to the General Assembly 
on January 22, 1862. — Shambaugh's Messages and Proclamations of the Gov- 
ernors of Iowa, Vol. II, p. 427. The report was received by the House and the 
usual number of copies was ordered printed. — House Journal, 1862, p. 110. 
A plan for a formal report was found in the State Archives, but dates and 
totals were missing. 

36 The instructions to the State Loan Agents were as follows : 

'*Des Moines, Iowa, July 3, 1861 

Gentlemen. 

In pursuance of the 11th Section of the Act of the General Assembly of the 
State of Iowa, Approved May 28, 1861 Authorizing the issuing of State Bonds 
to the Amount of Eight Hundred Thousand Dollars, for the purpose of Cre- 
ating a *War and Defense Fund.' You are hereby directed to sell, in the 
manner pointed out in said act, the Bonds which by the order of this Board 
dated June 13th 1861 were directed to be issued and placed in your hands for 
that purpose, provided, that portion of said Bonds which are directed to be 
sold at public sale in the City of New York can be disposed of as therein con- 
templated at a price not less than Ninety (90) cents on the dollar of the par 
value thereof, but not otherwise. — Legislative Acts of 1861 from tlie Gov- 
ernor's office in the State Archives, 'Des Moines. 



490 IOWA JOURNAL OF HISTORY AND POLITICS 



for three one thousand dollar bonds at ninety-two cents on 
the dollar. All other proposals were rejected. Mr. Clark's 
bid was made for the Iowa City branch of the State Bank 
of Iowa. 

Since it was beyond the power of the State Agents to sell 
the bonds for what they wonld bring in New York City, 
they returned to Iowa and a campaign was inaugurated for 
the sale of bonds to the people of this State. On July 19th 
Governor Kirkwood issued the following stirring appeal to 
the people of Iowa : 

When the President called upon the loyal people of the United 
States for help to save the government from rebels and traitors, no 
State responded more promptly than Iowa. Thousands of her sons 
are now in the field ready and eager to peril their lives in defense 
of their country. The base treachery of some of the sworn servants 
of the Government during the administration of Mr. Buchanan had 
so disorganized our Government that when the call was made for 
troops, the Administration was wholly unable to clothe and equip 
them in proper time, and it became necessary for the States furnish- 
ing troops to furnish also clothing and equipments. Of course these 
States were compelled to, and did incur expenses larger or smaller, 
in proportion to the troops called from and clothing and equipments 
furnished by each. 

To meet the expenses thus incurred, and other expenses that 
might be incurred, the General Assembly, in extra session, provided 
by law for the sale of the bonds of the State. In accordance with 
that law, the bonds were advertised for sale in the city of New York, 
and, as I have reason to believe, certain parties in this State, com- 
bined together to depreciate the value of the bonds, for the purpose 
either of wholly preventing their sale or of compelling their sale at 
ruinous rates. The means by which they sought to effect this end 
was, to declare that the bonds were unconstitutionally issued, that 
the General Assembly of the State had been guilty of a gross fraud 
in authorizing their issue, and that the people of Iowa were so base 
and dishonest that they would hereafter repudiate the bonds that 
might be sold. 

"Whether the motive of these parties in publishing these vile 



THE IOWA WAR LOAN OF 1861 



491 



calumnies, and thereby seeking to discredit the bonds was to render 
the State unable to do her part in the struggle now going on for 
the preservation of the Union, and to that extent strengthen the 
hands of treason and rebellion, or to gratify a feeling of revenge 
for some real or supposed wrong inflicted by some portion of our 
people, or to enable the parties to buy up the bonds thus discredited 
by their own efforts, at ruinously low rates — is now not a question 
of practical importance. It is sufficient for us now to know that 
they have been successful, and that our bonds remain unsold. 

This position of affairs is to me very annoying and perplexing. 
Relying upon the anticipated sales of these bonds, and carrying out 
your well known and clearly expressed wishes, I have incurred 
large expenses in enrolling, subsisting and clothing the brave men 
who are now in the field for the defense of the flag we all love so 
well. These expenses are wholly unpaid. In some instances the 
money is due directly to the persons who have generously advanced 
the money to meet pressing necessities. What renders this situation 
of affairs particularly unpleasant to myself individually, is the fact 
that it has been and is made a matter of serious complaint by many 
of you, that I have been too backward in expending the money of 
the State, while at the same time I was and still am unable to meet 
the pressing demands upon me for expenses already incurred. 

Much complaint v/as made that our first three regiments were not 
clothed as soon as they should have been. They were clothed as 
soon as it could be done ; and to-day, that clothing, worn by your 
sons and brothers, is unpaid for, while the person that furnished it 
is suffering for his pay. Complaint was also made that the money 
due by the State to our soldiers was not paid to them promptly. 
Before it could be paid to them it had to be borrowed. It was bor- 
rowed on the responsibility of Individuals; and, to-day these indi- 
viduals are liable for, or have paid, the moneys thus paid to your 
soldiers. The expenses incurred in the various counties, for sub- 
sisting companies and transporting them to the place of rendezvous, 
have been paid by borrowing, and are due to the lenders, or are yet 
due to the persons who furnished the subsistence and transportation. 
At Keokuk certain patriotic individuals purchased a large amount 
of powder for the use of the State, giving their obligations therefor. 
I have not had the means to pay the debt thus incurred, and these 
parties have either had to pay it or go to protest. In short, the 



492 



IOWA JOURNAL OF HISTORY AND POLITICS 



entire amount of the expenses thus incurred, to enable the State of 
Iowa to do her share in the momentous struggle now going on for 
the preservation of the Union, is unpaid, and the parties to whom 
it is due are pressing for payment. Further expenses will neces- 
sarily be incurred. I am instructed to buy arms for the protection 
of our Southern and Western frontiers, but am unable to do so for 
w^ant of means. I anticipate further requisitions of this State for 
troops, which must be met. 

And now, men of Iowa, under these circumstances, I appeal to 
you for aid and assistance. Your bonds cannot be sold abroad. 
They must either be sold at home, or the State must suffer the dis- 
grace, not only of failing to do her duty for the future, but of fail- 
ing to pay the expenses already incurred. May I not confidently 
trust that every citizen of Iowa will feel that his own good name, as 
well as the good name of the State, is involved in this matter, and 
that I will have his hearty and effectual aid ? May I not especially 
trust that those of you, who, perhaps without knowing the difficul- 
ties by which I have been surrounded, have thought my action has 
not been sufficiently prompt and energetic, will, now that these 
difficulties are understood, see to it that they shall be removed, and 
means shall be furnished for action as prompt and energetic as you 
may desire? 

Let me earnestly entreat every man who has at heart the cause of 
the country and the good name of the State, to take hold of this 
matter and give me his active assistance. Let meetings of our peo- 
ple be called, and the wants of the State explained to them, and if 
I do not wholly mistake the people of Iowa, they will take care that 
the good name of our State shall not suffer, and will show that 
those of us ^vho remain at home can do our duty to our country as 
well as those who follow our flag to the field of battle.^'^ 

This appeal was copied very widely by the newspapers 
of the State and editorials were written in the same tone.^^ 

37 Shambaugli's Messages and Proclamations of the Governors of Iowa, Vol. 
II, pp. 478-482. 

38'<The efforts of Secessionists in this State and stock-jobbing Shylocks in 
other States to reduce the market value of the War Bonds of Iowa to the lowest 
possible figure, have had the effect to prevent any negotiation of them except 
some $3,000 which were sold in New York at 92 c, and a few thousand dollars 
worth in this State at par. The Agents have done their duty faithfully, but 



THE IOWA WAR LOAN OF 1861 



493 



It was a crisis in the history of the State and the people 
were implored to support the State by buying bonds. The 
Dubuque Herald, one of the most violently anti-administra- 
tion papers of the State but one of the most ably edited, 
published the following article under the caption "Row 
Much Is Iowa Patriotism Worth? \ 

It is a shame for Iowa to go to a distant market to negotiate the 
war loan of $800,000. If the people of Iowa be really in earnest 

rather than submit to unwarranted sacrifices in the sale of these obligations, they 
return to the People of Iowa, and an appeal will be found from the Governor 
on the first page of this week 's Register, calling on all classes within the State 
to come forward and aid as far as possible in taking the first installment of 
the loan. Almost every property-holder can do something, and in this way aid 
needy creditors of the War Fund and preserve the obligations of the State 
from useless depreciation." — Iowa State Register (Des Moines), July 31, 
1861. 

''The Money Department of the New York Herald lately contained an 
article intended to embarrass the negotiation of the State bonds of this State 
authorized during the late Extra Session of the General Assembly. The pretext 
for it is the allegation that certain (Cities and Counties in this State have 
attempted to escape the payment of indebtedness assumed for Railroad pur- 
poses, and that the Iowa Courts have been in collusion with the repudiators. 
The Herald article also says: 

*' 'In order to borrow, without violating the State constitution, the State 
authorities are obliged to act on the fiction that the State is in danger of 
invasion. ' 

"Whether this attack of a venal New York journal upon the credit and 
good-faith of the People of Iowa is stimulated by holders of Corporation Rail- 
road bonds or by Traitors in disguise who simply aim to embarrass the author- 
ities of this State in rendering aid to the General Government in the effort to 
suppress Rebellion, is of very little consequence. The attack is unwarranted, 
wanton .... 

" At the time the Legislature authorized this Loan, the danger of the inva- 
sion of the State, and the necessity for the suppression of rebellion, were no 
'fiction'. They were stern facts. The Constitutional provision on this subject 
is precisely like the clause in the Illinois Constitution, under which the Loan 
bill in this State was authorized, and the Herald admits the validity of the 
Illinois War bonds. If the bonds of one State are worthless, so are those of 
the other. 

"If the Herald knows anything of Iowa affairs, it knows that the bonds 
authorized during the late Session of the General Assembly, are issued in good 
faith and are as well secured as those of any State, East or West. That the 
authorities of a few River Cities and Counties have resisted the payment of 



494 lOAYA JOUrvNAL OF HISTORY AND POLITICS 



for the prosecution of the war, they can have no more tangible 
means of showing" it practically than by subscribing for the war 
loan. If the patriotism of this State is not equal to shouldering 
$800,000 of debt, how in the world will it be able to pay its portion 
of the 400,000,000 required by the President to prosecute the war, 
without knowing for certain that this amount will suffice. The 
people of Iowa ought to do one of two things ; either insist upon the 
restoration of peace, or if they prefer and determine to have the 
war go on, strengthen the hands of the Government by contributing 
their share of the means absolutely needed it to prosecute to a 
successful issue. Curb stone patriotism, store box declamation, nor 
flag raising oratory will clothe, feed, transport and arm troops. It 
needs money to do this, and without money it cannot be done. 

It is an outrage for the patriots of Iowa to send six thousand 
men into the field, and then go abroad into a foreign money market 
to raise funds to clothe, arm and feed them. Come ye war patriots, 
this will not do. Hand over the spondulicks or keep your patriot- 
ism pent up. Bogus patriotism is being detected now. Nothing 
will test it so effectually as to ask it to subscribe for the war loan. 

Eailroad bonds, have carried the matter to the Courts, and that the Courts in 
several instances have decided that the issues of that kind of evidence of in- 
debtedness, was unauthorized under the Constitution and Laws of Iowa, is true. 
But that the People of the State, or even a majority of the People in the 
localities where the bonds were issued, approved of this attempted repudiation, 
there is no evidence. When the whole country was crazy with speculative ambi- 
tion, these municipalities incurred this class of liabilities. When the re-action 
came, they could not pay even the interest on the bonds. For temporary relief 
they appealed to litigation. In this we think their action, ill-judged, wrong. 
But that the people of the whole State, should on this account be adjudged a 
community of repudiationists, is neither logical nor honorable. Iowa, previous 
to this War Loan, had a bonded debt of only $200,000. This is not due until 
seven years hence. With the present revenue realized, this debt could be paid 
to-day, current liabilities also be met, and a balance left in the Treasury. 
No State, according to its population is in a better financial condition, and no 
State will be more ready to meet its promises to pay than Iowa. 

''The Commissioners have authorized a present issue of only $400,000 of 
bonds. Bids to the amount of $50,000 of this amount at par have already 
been made by residents of the State. If the Bears of WaU Street taking 
counsel of the organ of the corruptionists, the New York Herald, conclude that 
they do not want any of our War Bonds at fair rates, the loan can all be taken 
at home, and at far better rates than anywhere else. The New York money 
lenders had better, however, think twice before throwing Iowa bonds out of 
market!" — Iowa State Begister (Des Moines), July 3, 1861. 



THE IOWA WAR LOAN OF 1861 



495 



We move that every curb stone patriot, every store box declaimer, 
every war orator be handed the war loan subscription for this State. 
There are enough of them to take the whole loan without incon- 
venience. Will they do it? If they will we shall give them the 
credit of being in earnest, when they declaim in favor of, and 
putting down the rebellion. 

There was, however, a lack of unanimity of opinion in the 
State in regard to the constitutionality of the bond issue 
which tended to increase the embarrassment of the State 
administration and to further decrease the sale of bonds. 
At various Democratic county conventions held during the 
summer of 1861 resolutions were adopted declaring the law 
authorizing the State loan to be unconstitutional.^^ And 
the Democratic State Convention which met in Des Moines 
on July 24, 1861, adopted the following resolution: ^'That 
the indebtedness of the State now exceeds the limits fixed by 
the Constitution, and that the appropriation of $800,000 
made at the special session of the G-eneral Assembly, in the 
judgment 'of this Convention is unauthorized by the Consti- 
tution.''"*^ This resolution brought forth another article 
from the financial editor of the New York Herald in which 
he said: 

We had occasion to refer to the unconstitutionality of the pro- 
posed Iowa War loan, which was fruitlessly offered for sale in this 
market about three weeks since. We were sharply taken to task 
for what we said by most of the Iowa papers, and were flatly con- 
tradicted by a report adopted at a meeting of citizens of Davenport, 
held to denounce our article. It seems, however, that there are 
people in Iowa who do not deem the views we held unsound. . . . 

It would thus appear that our capitalists did not make so great a 
mistake, after all, in declining to subscribe to the Iowa loan.^^ 

39T7ie Dubuque Herald (weekly), July 17, 1861. 
^0 Iowa State Begister (Des Moines), July 17, 1861. 
^'i^ Iowa State Begister (Des Moines), July 31, 1861. 
42 New YorTc Herald, August 3, 1861. 



49G IOWA JOURNAL OF HISTORY AND POLITICS 



In spite of the campaign and the appeals made to the 
people of Iowa to buy the State bonds, few were sold and 
the State was in desperate financial straits. The money 
absolutely necessary for the work of preparing troops for 
Federal service could not be obtained. The receipts for the 
sale of bonds from the time they were offered for sale in 
July, 1861, until the close of the fiscal period on November 
4, 1861, were as follows: July 31st, $16,500; August 2nd, 
$20,332 ; August 24th, $19,504; September 2nd, $3,496; Octo- 
ber 3rd, $12,144; October 23rd, $6,992; November 2nd, 
$2,300. 

Thus $86,000 worth of bonds were sold for $81,268, or at 
an average rate of 94.5 cents on the dollar. On the other 
hand, there had been issued previous to November 4, 1861, 
War and Defense Fund warrants in the amount of 
$233,568.43.4^ 

IOWA IN FINANCIAL STEAITS 

The creditors of the State were insisting that they should 
be paid. Several men had borrowed money on their indi- 
vidual notes with which to purchase supplies for the State, 
and because some of these men could not make payment 
when due their notes went to protest. Gpvernor Kirkwood 
personally borrowed more money for State use than he was 
worth, and his notes were protested. Samuel Merrill, 
Hiram Price, Ezekiel Clark, Samuel F. Miller, and ^others 
also borrowed money before the bonds were placed on sale, 
especially for the purpose of paying the troops and arming 
them, relying on the sale of bonds to provide funds with 
which to refund the amounts advanced.*^ These men ad- 
vanced cash for military purposes and were forced in return 

43 Beport of the State Auditor, 1861, pp. 14, 15. 

44 Kirkwood 's Military Letter Boole, No, 1, pp. 89, 271, 272; Shambaugh's 
Messages and Proclamations of the Governors of Iowa, Vol. II, pp. 443-447. 



THE IOWA WAR LOAN OF 1861 



497 



to take warrants which were discounted, and they thereby 
lost money. Arms sent to Burlington by the United States 
were held by the express company for nine hundred dollars 
in charges. Blankets sent to Davenport were held for five 
hundred dollars in freight charges, but the State had no 
money and could not secure possession of them. In these 
instances Hiram Price raised the money on his personal 
credit.-*^ 

When the bonds failed to sell Governor Kirkwood was 
desperate. He did all in his power during the early sum- 
mer to increase the sale of bonds, but they would not bring 
in the necessary money. Early in September, therefore, 
Kirlnvood went to Washington, and in some manner suc- 
ceeded in securing from the Federal government in United 
States treasury notes (actual money) the sum of $80,000 as 
an advance refund to the State for the expenditures made 
by it for the Federal government.^ ^ This sum was paid into 
the State treasury on October 12, 1861,^^ and helped very 
materially in tiding the credit of the State over the most 
difficult financial crisis of the war period and of its whole 
history. 

Throughout the year 1861, however, the State administra- 
tion was handicapped by the lack of funds. A large pro- 
portion of the bonds sold were exchanged for warrants on 
the War and Defense Fund, and so did not bring actual cash 
into the treasury. The effort was constantly being made to 
exchange State bonds for necessary supplies and equipment. 
The letters of the Governor's military secretary to State 
creditors and to firms having equipment for sale were 
written in the same tone throughout the latter part of the 

45 Annals of Iowa -(Third Series), Vol. I, pp. 594, 595. 

46 Kirkwood 's Military Letter Boole, No. 1, p. 341; Shambaugh's Messages 
and Proclamations of the Governors of Iowa, Vol. II, p. 443. 

47 Beport of the State Treasurer, 1861, p. 8. 



VOL. XV — 33 



498 IOWA JOURNAL OF HISTORY AND POLITICS 



year 1861. In September, 1861, he wrote to Captain M. V. 
McKinney of Des Moines as follows: ^^You ask for arms. 
The State has none and can get none for want of means. 
Our bonds do not sell at home or abroad and until they do 
no arms can be purchased.''*^ In answer to another letter 
demanding arms the secretary suggested that the people at 
home who could afford to buy bonds and did not would 
suffer only a just retribution should they be left unpro- 
tected.^^ To firms soliciting orders for arms, tents, and 
other military equipment for the State the secretary frankly 
stated that the State needed the equipment, but had no 
funds. He reiterated the statement that the State bonds 
were a good investment and that purchases of equipment 
would probably be made on condition that State bonds be 
taken in payment.^^ Unfortunately the writer has not been 
able to determine the amount of bonds disposed of in this 
manner. The secretary's replies to the complaints of the 
State 's creditors in regard to the non-payment of warrants 
varied but little in content: the Governor had no money 
with which to pay debts, the State bonds would not sell, and 
the Governor was himself a heavy loser, besides being per- 
sonally under protest for thousands of dollars which he 
could not pay. Everything possible would be done, how- 
ever, to secure a speedy settlement with the State's cred- 
itors.^^ 

GEADUAL DISAPPEARANCE OF DIFFICULTIES 

In addition to securing the immediate refund of $80,000 
to the State from the Federal government. Governor Kirk- 
wood succeeded also in decreasing the drain upon the State 

48 Kirkwood 's Military Letter Booh, No. 1, pp. 299, 314. 

49 Kirkwood 's Military Letter Boole, No. 1, pp. 345, 355. 
BoKirkwood's Military Letter BooTc, No. 1, pp. 329, 359, 413, 415, 423, 439. 
5iKirkwood's Military Letter BooTc, No. 1, pp. 320, 341, 369 j No. 2, p. 23. 



THE IOWA WAR LOAN OF 1861 



499 



War and Defense Fund. He made arrangements with the 
general government whereby the Iowa troops, when they 
received their first pay from the United States, were paid 
at the same time and by the same United States officer for 
the time they had served in the State service before being 
mustered into the service of the Federal government.^^ 
Moreover, the Governor did not attempt to provide clothing 
and arms for any of the Iowa troops except the first three 
regiments. He found that whatever could be furnished by 
the people of the State was furnished promptly on State 
credit, but arms and clothing and the other necessities not 
produced by the people of the State could be procured only 
with money — and thus could not be procured at all. This 
inability of the State to clothe and arm its troops was a 
matter of much mortification to the government and to the 
people of the State. Nevertheless, the result was probably 
more favorable both for the troops and for the government, 
because the general government could supply the necessary 
equipment of a better grade and more economically than 
the State could have done.^^ 

These changes greatly relieved the strain on the War and 
Defense Fund and conditions rapidly improved. It is true 
that the bonds did not sell readily for cash, but they were 
taken by persons to whom the State owed m'oney — usually 
at the rate of about ninety-two cents on the dollar. In De- 
cember, 1861, Mr. Hiram Price wrote to the Governor and 
to the State Treasurer advocating the withdrawal of the 
bonds from the market. He said the situation was im- 
proving all the time, and the issue or sale of the bonds below 
par might as well be stopped.^^ In reply Governor Kirk- 

52 Kirkwood's Military Letter Book, No. 1, p. 449. 

53 Shambaugli's Messages and Proclamations of the Governors of Iowa, Vol. 
II, pp. 276, 277. 

54 Miscellaneous Correspondence from the State Treasurer's OflSce (18G1) in 
the State Archives, Des Moines. 



500 IOWA JOURNAL OF HISTORY AND POLITICS 



wood said that it would be a very difficult matter to stop the 
sale of bonds, because persons holding War and Defense 
Fund w^ar rants were continually sending them in for re- 
demption. Since the State had no money with which to 
redeem such warrants it would amount to practical repudi- 
ation should it refuse to exchange bonds for the warrants. 
Moreover, only a few bonds were being sold and the Gov- 
ernor expressed the opinion that if the auditing commission 
could only finish its work, and if the State could secure a 
settlement of its claims against the general government 
difficulties would soon disappear.^^ Other letters to the 
State Treasurer indicate that there was a steady, although 
not large, exchange *of State bonds either for cash or State 
warrants. 

RESULTS OF THE BOND SALE 

During the early part of the year 1862 the Treasurer con- 
tinued to exchange State bonds for State warrants and to 
sell bonds for cash when occasion offered, but no active 
campaign for the sale of bonds seems to have been attempt- 
ed. And according to the reports of the State Auditor and 
State Treasurer, none of the War and Defense bonds were 
sold or exchanged for warrants after September 1, 1862. 
The following table shows the amounts received from the 
sale of State bonds 

Total amount received up to November 4, 1861, $81,268.00 
Received November 4, 1861, to March 1, 1862, 92,092.00 
Received from March 1, 1862, to May 31, 1862, 67,784.00 
Received from May 31, 1862, to August 30, 1862, 36,176.00 

$277,320.00 

Only a limited amount of these bonds were sold — a total 

55 Executive Journal, 1858-1862, Vol. I, pp. 537, 538, December 20, 1861. 
^eHeport of the State Auditor, 1861, p. 14; 1863, pp. 6-10. 



THE IOWA WAR LOAN OF 1861 



501 



of $300,000 out of the $400,000 authorized by the Board of 
Commissioners. The $300,000 worth which were sold 
brought into the State treasury in cash and evidences of 
indebtedness a total of $277,320, or an average of 92.44 
cents on the dollar.^^ There seems to have been no official 
withdrawal of the bonds from the market, and inquiries 
continued to come to the Treasurer in regard to them ; but 
no more were issued. In June, 1862, however, a meeting of 
the Board of Commissioners was held for the purpose of 
' considering the propriety of withdrawing the State bonds 
from further sale.^^ The writer has been unable to locate 
the record of the proceedings of the board at this meeting, 
but as no more bonds were sold although offers were made 
for large numbers of them, it is safe to assume that the 
withdrawal from further sale was authorized. 

SUMMARY 

After the first shock of the war and the accompanying 
demoralization Governor Kirkwood, with his unyielding 
resoluteness and determination, gradually succeeded in se- 
curing an efficient and economical administration of the 
State's business. When he retired from office there was 
money in the treasury, the credit of the State was good, and 
the State bonds were selling at a premium.^^ 

Iowa's difficulty in selling bonds in 1861 was, of course, 
only an incident in the momentous period of the Civil War 
so filled with many larger and more important features. To 
the people of Iowa, however, the failure of the bond sale 
was a severe disappointment. The bonds were issued in 
good faith and on good security and the people of the State 

57 Eeport of the State Auditor, 1865, pp. 5, 16. 

58 Kirkwood 's Military Letter BooTc, No. 2, pp. 183, 184, 185. 

'59 Iowa bonds were quoted at a premium in the BanTcer's Magazine, Vol. 19 
(1864), pp. 77, 238, 767, 1019. 



502 IOWA JOUKNAL OF HISTORY AND POLITICS 

expected them to sell at par. When the good faith and 
credit of the State was attacked by one of the influential 
eastern newspapers — - which it appears had been influenced 
by a group of unscrupulous men for selfish purposes — the 
people of Iowa considered the attack more seriously than 
did any one else. The Bond Commissioners met immedi- 
ately and directed the State Agents not to sell any bonds 
for less than ninety cents on the dollar, which was more 
than the securities of most of the other northern States 
were selling for at that time. When the proposals were 
opened there were bids for more than the total issue at 
above eighty cents on the dollar, but there were practically 
no offers at above ninety cents. Had the Bond Commission- 
ers allowed the Agents to accept eighty-five cents the bonds 
could have been sold and the administration would not have 
been so embarrassed for the means to carry on the State's 
part in the war. As it was, the lack of money throughout 
the first year of the war was a disheartening handicap to 
the Governor. He managed, however, to accomplish what- 
ever had to be done and the State suffered no permanent 
loss through the failure of the bonds to sell at par. The 
State pride of the people was hurt, but rigid economy was 
enforced. The State did its part in helping to preserve the 
Union. It refused to sell its bonds at a large discount and 
suffered temporarily for the refusal. It vindicated its good 
faith : the interest on the bonds sold was paid promptly and 
the principal was redeemed when it became due. And at 
the close of the war the State had an outstanding indebted- 
ness, on account of the war, of only $300,000. 

Ivan L. Pollock 

The State University of Iowa 
Iowa City 



THE LEGISLATION OF THE THIRTY-SEVENTH 
GENERAL ASSEMBLY OF IOWA 

In reviewing the work of the Thirty-sixth General 
Assembly in 1915 the writer called attention to the fact that 
the berating of legislative bodies had become a habit with 
the American people ; and he quoted an editorial from the 
Chicago Tribune in which the editor expressed his contempt 
for the work of the Illinois Assembly of that year. In re- 
freshing contrast is an editorial in the Chicago Herald for 
June 19, 1917, entitled An Excellent Legislature, in which 
the Illinois Assembly of 1917 is eulogized as **an epochal 
legislature''. As usual the Governor is given the chief 
credit for what was accomplished. Without the gov- 
ernor's leadership", says the editor of the Herald, these 
measures of genuine worth would have experienced great 
difficulty in finding safe routes to the statute books." 

In the East the legislature of Pennsylvania for the year 
1917 receives a scathing denunciation in the July issue of 
Equity. Under the headline of Legislation hy Larceny, the 
editor says : ^ ^ Of all the state law-making bodies of 1917 it 
is doubtful if any can approach the record of the Pennsyl- 
vania legislature for inefficiency and corruption." Then he 
relates that on June 21st, with the end of the session def- 
initely fixed a few days thereafter, a bill which aimed to 
place the city of Philadelphia in a position to deal on equal 
terms with the existing transit corporation was ^^deliber- 
ately stolen" and taken away from the capitol by one of the 
members, who afterwards admitted that he had done so ' ' at 
the request of men higher up", in order that the measure 
could not come up for passage before adjournment. 

503 



504 IOWA JOURNAL OF HISTORY AND POLITICS 



The General Assemblies of Iowa have sometimes been 
spoken of as ^'progressive'^, as conservative", as rad- 
ical", as ''do nothing", or as "reactionary"; but never, to 
the writer's knowledge, have they been designated as dis- 
honest or corrupt. In 1915 the Thirty-sixth General As- 
sembly was dubbed reactionary, as was also the Thirty- 
seventh following the election of the Speaker. But the laws 
enacted in 1917 are largely progressive in character. 

Not many new laws were added to the statute books in 
1917 — the greater part of the work of the Assembly being 
the repealing or amending of existing laws and the passage 
of legalizing acts.^ Thus, the Thirty-seventh General As- 
sembly amended or repealed seventy-six sections of the 
Code of 1897, one hundred and seventy-six sections of the 
Supplement to the Code of Iowa, 1913, and one hundred and 
twelve sections of the acts of the preceding assembly, known 
as the Supplemental Supplement to the Code of Iowa, 1915 
- — making a total of three hundred and sixty-four sections 
of previously existing laws which were either amended or 
repealed.^ 

The Thirty-seventh General Assembly was in actual ses- 
sion seventy-four days.^ During this period 1224 bills and 
twenty-four joint resolutions were introduced, of which 601 
were Senate bills and 623 were House bills — there being 
sixteen Senate resolutions and eight House resolutions.* 
Of these 1248 legislative propositions, 434 were passed by 
both houses. Two of these, though signed by the Governor, 
fail to show the signature of the Speaker, and hence, under 
the ruling of the Supreme Court of Iowa, do not become 
law. At the time of adjournment the Governor had in his 

1 One hundred and two legalizing acts were passed. 

2 Acts of the Thirty-seventh General Assemtly, p. 500. 

3 The session began on January 8, 1917, and ended on April 14, 1917. 

4 Index and History of Senate and House Bills, No. 5, April 14, 1917, p. 3. 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 505 



hands 180 bills and resolutions awaiting Ms signature. Of 
these he signed all but two.^ Thus, 420 acts and twelve 
resolutions represent the legislative output of the General 
Assembly of Iowa in 1917. 

As usual a considerable part of the legislation of 1917 
passed the Assembly during the last week of the session. 
On April 9th, the beginning of the last week of the session, 
only 180 acts had been passed and approved by the Gov- 
ernor. A sifting committee began its work in the Senate on 
April 2nd, while the House sifting committee did not take 
charge until April 10th. During the last week of the session 
the Senate passed sixty-two Senate bills and seventy-five 
House bills; while the House passed fifty-two House bills 
and one hundred and four Senate bills. Thus nearly two- 
thirds of .the legislation enacted was passed during the last 
week, giving the usual whirlwind finish to the work of the 
Assembly. 

In the following pages the writer has attempted to out- 
line and explain only those acts which seem to him to be of 
most importance; and the classification of the subject- 
matter is made without reference to the classification em- 
ployed in the Code and its Supplements. The unscientific 
method of making laws renders it very difficult for the 
average citizen to understand legislation as it is enacted. 
When one act repeals an existing law and enacts a substi- 
tute, it often requires the most careful comparative reading 

5 After the adjournment of the General Assembly the Governor has the right 
to hold all acts left in his hands for thirty days. He signed 178 of the 180 bills 
left with him on the following days: 

Adjournment occurred on April 14th, 1917. 

On April 16th the Governor signed two bills, on April 17th three bills, on 
April 21st thirty-two bills, on April 23rd thirty-four bills, on April 24th fifty- 
seven bills, on April 25th forty-five bills, on May 10th two bills, on May 14th 
three bills, making a total of one hundred and seventy-eight bills. 

Two bills were vetoed. 



50() IOWA JOUKNAL OF HISTORY AND POLITICS 



to note wherein the two differ. Sometimes there is only the 
omission or addition of a word or two, or the change may 
consist in the modification of the tense of a verb. Or, as is 
often the case, an act strikes from a certain line of a certain 
section of the Code a single word and inserts in lieu thereof 
another, or it may insert between two words another, with- 
out in any way indicating how the original law will be 
affected by such changes. And yet such slight changes in 
existing laws may double or reduce the expense of a par- 
ticular charge on the State treasury, or they may increase 
or reduce the penalty for a particular crime. The reader 
gains practically no conception of the purpose of the law by 
reading it as enacted; and probably few members of the 
legislature take the time to ferret out the real nature of 
proposed changes. Moreover, if the changes deal with 
highly technical subjects, one is little wiser for his investi- 
gation without expert aid. 

It is not the purpose of this paper to criticise the acts of 
the Thirty-seventh General Assembly, but rather to give a 
brief summary of the product of its legislative labors. 

THE LAWS 

It will be recalled that the Thirty-sixth General Assembly 
abandoned the old plan of publishing the session laws; 
instead, the laws of a general and permanent nature were 
to be comx)iled and adjusted to their proper places, as des- 
ignated by the titles, chapters, and sections of the Code and 
its Supplements. One of the first acts of the Thirty-seventh 
General Assembly was to overthrow the new system and 
return to the old plan of issuing the session laws, except 
that instead of arranging the laws so as to group acts of a 
similar nature, the Supreme Court Eeporter was directed 
to arrange them in the order in which they are filed in the 
office of the Secretary of State.^ Moreover, the sum of $600 

6 Acts of the Thirty-seventh General Assembly, Ch. 5. 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 507 

was appropriated with which to publish the acts of the 
Thirty-sixth General Assembly, according to the old planJ 
There was also enacted a statute which requires the en- 
rolling clerk of each house, in the preparation of each 
enrolled bill or resolution, to prepare and immediately de- 
liver a carbon copy of the same to the Reporter of the 
Supreme Court in order to facilitate that officer's work in 
the issuance of Supplements to the Code.^ 

To aid the members of the legislature and the public in 
knowing the status and fate of the numerous legislative 
proposals, provision was made for the printing of a classi- 
fied index of bills, giving detailed information as to the 
status of all pending legislation'', to be printed at intervals 
during the session, each subsequent issue being cumulative.^ 

Three bills relating to the laws failed to pass. The first 
was a measure, strongly recommended by the Grovernor, to 
create a commission to codify the laws and report to the 
Thirty-eighth General Assembly. The second proposed to 
limit each member to the introduction of four bills at a 
single session — a proposition that was immediately rec- 
ommended for indefinite postponement.^^ The third would 
have required all bills recommended for passage to be re- 
ferred to the Attorney General for examination before 
passage but the judiciary committee evidently resented 
the inference that the Assembly did not know how to prop- 
erly draw up bills and recommended the proposition for 
indefinite postponement — which report was promptly 
adopted. 

7 Acts of the Thirty-seventh General Assembly, Ch. 219, 

8 Acts of the Thirty -seventh General Assembly, Gh. 20. 
» Acts of the Thirty-seventh General Assembly, Ch. 9. 

10 Senate File, No. 2. 

11 House File, No. 45. 

12 Senate File, No. 12. 



508 lOAVA JOUJWAL OF HISTORY AND POLITICS 



Had the Attorney General been given the duty of exam- 
ining bills before their passage, mistakes such as the follow- 
ing would probably not have occurred. On April 7th the 
Governor signed an act which repealed Section 2733-la of 
the Supplemental Supplement to the Code of Iowa, 1915,^^ 
and enacted a substitute therefor which went into force by 
publication on April 16th ; then on April 25th the Governor 
signed another act — which must have been passed in the 
closing days of the session — which amends Section 2733-la 
of the Supplemental Supplement to the Code of Iowa, 
1915,^"^ which had already been repealed. Again, two acts 
signed by the Governor on the same day amend the same 
section of the Supplemental Supplement to the Code of 
Iowa, 1915:^^ Section 2 of Chapter 349 of the Acts and 
Joint Resolutions of the Thirty -seventh General Assembly 
amends Section 2692-c of the Supplemental Supplement to 
the Code of Iowa, 1915, by increasing the appropriation 
therein provided from $7000 to $7300; while another act, 
which appears as Chapter 370 of the Acts and Joint Resolu- 
tions of the Thirty -seventh General Assembly amends the 
same section (2692-c) of the Supplemental Supplement to 
the Code of Iowa, 1915, by increasing the appropriation 
from $7000 (which Chapter 349 had made $7300) to $9000. 

PUBLIC PRINTING 

The long fight on the offices of State Printer and State 
Binder terminated in an act to abolish both offices at 
the end of the terms of the present incumbents, after which 
time the work will be let on a plan of competitive bids. 
Under the new plan the Governor, Secretary of State, State 
Auditor, and State Treasurer will constitute a board of 

'^^ Acts of the Thirty-seventh General Assembly, Ch. 156. 

14 Acts of the Thirty-seventh General Assembly, Ch. 386, 

15 Acts of the Thirty-seventh General Assernbly, Chs. 349, 370. 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 509 

public printing and binding, and the State Document Editor 
will be the secretary of the board. This board will, after 
January 1, 1919, have immediate charge of all printing and 
binding, making specifications and letting contracts.^^ The 
Iowa Homestead^ which had long led the fight against the 
State Printer and the State Binder, declared that the aboli- 
tion of the offices put an end to a system which has been a 
source of public scandal for over twenty years. 

In the matter of county printing, the law was made more 
explicit concerning the method of determining the two news- 
papers in the county, having the largest number of bona fide 
yearly subscribers, which should be designated as official 
county papers. 

SUFFEAGE AND ELECTIONS 

A tendency toward reaction on the part of the Thirty- 
seventh General Assembly is apparent in legislation per- 
taining to elections. The presidential preference primary 
law was repealed it was declared to have been a farce and 
a failure. A bill repealing the non-partisan judiciary law 
and restoring the party circle on the Australian ballot, 
passed both houses, but was vetoed by the Grovernor after 
adjournment.^^ The size of cities in which the registration 
of voters is required was raised from 3500 to 6000.-^ 

Important amendments were made to the absent voters 
law. The form of affidavit to be made by an absent voter 
was modified so as to include the registration of the voter 
where registration is required. Formerly the absent voter 
could avail himself of the law only if registered. Further- 
more, the law as it now stands permits a disabled voter to 

16 Ads of the Thirty-seventh General Assembly, Ch. 183. 
Acts of the Thirty -seventh General Assembly, Ch. 408. 

18 Acts of the Thirty-seventh General Assembly, Ch. 14. 

19 Senate File, No. 16. 

20 Acts of the Thirty-seventh General Assembly, Ch. 41. 



510 IOWA JOURNAL OF HISTORY AND POLITICS 



cast his ballot without personally attending the polls on 
election day."^ The creation of voting precincts in school 
districts of 6000 or more inhabitants was provided for, but 
without requiring the preparation of a new register of 
voters for such election.^- A few minor changes (chiefly in 
wording) were made in that part of Section 1090 of the 
Supplement to the Code of Iowa, 1913, prohibiting the 
formation of election precincts containing different town- 
ships or parts thereof.^^ 

Although the woman's suffrage amendment was defeated 
by a majority of ten thousand in 1916, the Thirty- seventh 
General Assembly by an overwhelming vote went on record 
as favoring the resubmission of the amendment to the peo- 
ple, the joint resolution proposing equal suffrage passing 
the Senate by a vote of thirty-five to thirteen and the House 
by a vote of eighty-six to twenty. 

THE GOVEENOR AND THE EXECUTIVE DEPARTMENT 

When the seventeenth amendment to the Constitution of 
the United States was adopted in 1912 it provided that in 
case of a vacancy in the office of United States Senator, a 
new election was to be called to fill such vacancy unless the 
legislature had authorized the Governor to fill the vacancy. 
The Assembly here under review authorized the Governor 
to fill such a vacancy until the people are able to elect a 
successor at the next general election.^^ 

The most important legislation relating to the executive 
department is an act relating to law enforcement by the 
Governor and the Attorney General.^^ In a State where 

21 Acts of the Thirty -seventh General Assemhly, Ch. 419, 

22 Acts of the Thirty-seventh General Assembly, Ch. 225. 

23 Acts of the Thirty-seventh General Assembly, Ch. 66. 

24 Acts of the Thirty-seventh General Assembly, Ch. 153. 

25 Acts of the Thirty-seventh General Assembly, Ch. 401. 

26 Acts of the Thirty-seventh General Assembly, Ch. 231. 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 511 

administration has been as decentralized as in Iowa, the pro- 
visions of this act seem revolutionary : for their purpose is 
to centralize authority for the administration of the law in 
the hands of the Governor and the Attorney General. 
Either of these State officials may call to their aid any peace 
officer in the State for the purpose of rendering assistance 
''ill procuring evidence, ferreting out crime, prosecuting 
law violators or otherwise enforcing the law'' in any part ' 
of the State. The act also appropriates $25,000 per year 
with which to employ detectives or other persons to aid in 
the enforcement of the laws. Under this act the Attorney 
General could order half of the detectives or police force of 
Des Moines to go to Davenport for the purpose of putting a 
stop to bootlegging. 

Another act which temporarily gives the Governor added 
power will be considered under the heading of war 
measures. 

STATE JUDICIARY 

As previously mentioned the non-partisan judiciary law 
was saved from repeal only by the intervention of the Gov- 
ernor's veto. An attempt to correct one of the chief evils 
of this law passed the Senate by a vote of forty-one to four, 
but was left at adjournment in the hands of the sifting com- 
mittee of the House. This bill proposed to put the judicial 
ticket on a separate ballot, thus calling the especial atten- 
tion of the voter to it.^^ The attempt to add an extra judge 
to the Supreme Court of the State failed of passage.^^ 

The tendency to add additional judges to the district 
courts was again manifest, an additional judge being pro- 
vided for in each of the following districts, namely, the 

27 Senate File, No. 213. 

28 House File, No. 403. 



512 IOWA JOURNAL OF HISTORY AND POLITICS 



tliird,-'* the eleventli,^^ the fourteenth,^ ^ and the eighteenth.^^ 
In each case the Governor was given power to appoint the 
new judge until the general election of 1918, when the peo- 
ple of the district will elect a successor. The law relating 
to the judges of the seventh district was amended so that 
each county of the district should have at least one resident 
judge.^^ The Governor allowed this act to become a law 
without his signature. 

The salaries of all the district judges were increased from 
$3500 to $4000;^* and the shorthand reporters of the supe- 
rior courts may now receive eight dollars per day instead 
of five.^^ 

STATE OFFICES AND OFFICEES 

A law passed by the General Assembly resulted in put- 
ting the office of State Superintendent of Public Instruction 
back on the elective list.^^ 

Added powers of the Attorney General have already been 
mentioned. He was also authorized to appoini four assist- 
ants, instead of one, to help him in enforcing the laws.^*^ 

The Curator of the Historical Department was author- 
ized, as trustee of the State, to accept gifts of property 
(real, personal, or mixed) for the benefit or endowment of 
the department, or '^for the commemoration of the lives of 

29 Acts of the Thirty-seventh General Assemhly, Ch. 257. 

30 Acts of the Thirty -seventh General Assemtly, Ch. 256. 

31 Acts of the Thirty-seventh General Assembly, Ch. 255. 

32 Acts of the Thirty-seventh General Assembly, Ch. 257. 

33 Acts of the Thirty -seventh General Assembly, Ch. 91. 

3^ Acts of the Thirty-seventh General Assembly, Ch. 235. This act alone 
adds over $90,000 to the expenses of the State for the ensuing biennial period. 
35 Acts of the Thirty -seventh General Assembly, Ch. 186. 
sQActs of the Thirty -seventh General Assembly, Ch. 318. 
37 Acts of the Thirty -seventh General Assembly, Ch. 350. 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 513 

worthy citizens, or for the purpose of perpetuating historic 
events, or for scenic or scientific purposes. ''^^ 

In the matter of compensation it appears that the salary 
of the Adjutant General was raised from $2700 to $3000 
that of the secretary of the Board of Railroad Commis- 
sioners was raised from $1800 to $2200 and the remuner- 
ation of the State agents for institutions under the Board 
of Control was raised from $75 per month to $100.^^ 

A blow at nepotism was contemplated in a bill making 
unlawful the employment of relatives in public office by 
public officials. The bill passed the Senate, but was killed 
in the House by the adoption of a motion to strike out the 
enacting clause.^^ 

NEW OFFICES CEEATED 

Provision was made for the creation of the following new 
offices: State Banking Commissioner, State Registrar of 
Vital Statistics, State Apiarist, and County Road Patrol- 
men — each of which will be considered under special 
headings. 

COUNTY OFFICERS AND COUNTY GOVERNMENT 

Senate File 474, a bill fixing the terms of all county offi- 
cers at four years and extending the terms of the present 
incumbents two years, passed both houses safely; but just 
before it was to go to the Governor for his signature, sus- 
picion was aroused that this bill was something of a Trojan 
Horse and so the Senate recalled the measure from the 
Committee on Enrolled Bills. 

The law which, heretofore, enumerated certain local offi- 

Acts of the Thirty-seventh General Assemhly, Ch. 333. . 

39 Acts of the Thirty -seventh General Assembly, Ch. 374. 

40 Acts of the Thirty -seventh General Assembly, Ch. 315. 

41 Acts of the Thirty-seventh General Assembly, Ch. 349. 

42 Senate File, No. 218. 

VOL. XV — 34 



514 IOWA JOURNAL OF HISTORY AND POLITICS 



cors who were subject to removal was amended so as to 
make all elective county, city, and town officers subject to 
removal.^^ 

That often amended section of the Code relating to the 
sheriffs ^ fees was repealed and a new act substituted. The 
old law contained twenty-three paragraphs, while the new 
act contains but eighteen. Most of the new act is simply a 
rewriting of the old law, with the exception of omitted para- 
graphs. The omissions will deprive the sheriff of consider- 
able money in the way of fees ; but his allowance for mileage 
w^as increased to ten cents per mile and his compensation 
for boarding prisoners was increased from twelve and a 
half cents per meal to fifteen cents. Likewise, his charge 
for lodging was increased to fifteen cents. He was also 
allowed five cents per day for waiting on and for washing 
for prisoners. Thus even in the county jail the cost of 
living has gone up. The last section of the act provides 
that the amounts allowed the sheriff for mileage and neces- 
sary and actual expenses paid by him, and for care of pris- 
oners may be retained by him in addition to his salary ; but 
all other fees of every kind which he receives in his official 
capacity must be paid into the county treasury.^^ 

A revision was effected in the salary scale of county 
clerks, eleven classes being established according to the 
population of the counties. In the first seven classes an 
increase of $300 per year was allowed ; while no additional 
allowance was made in the last four classes. Heretofore 
boards of supervisors have been authorized to grant an 
additional $300 compensation to clerks if they saw fit. This 
provision was repealed and the law distinctly states that 
the salaries provided for in this act shall be in full compen- 

43 Acts of the Thirty-seventh General Assembly, Ch. 391. 
Acts of the Thirty-seventh General Assembly, Ch. 49, 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 515 

sation of all services performed by Mm in his official capac- 
ity as clerk of the district court.^^ 

Good care of the deputy county officers was taken by the 
Thirty-seventh General Assembly. A revision of the popu- 
lation scale, which determines the compensation of assist- 
ant county attorneys, was made by which such officers in 
counties of less than forty-five thousand inhabitants, as 
well as those in counties of over forty-five thousand, will 
receive an increase in salary.^^ 

Deputy clerks, auditors, treasurers, and recorders will 
hereafter receive a compensation of not less than one-half 
that of the principal and not exceeding $1200.*"^ The old 
law limited their compensation to $900. 

The county treasurer was authorized to appoint a resi- 
dent collector of taxes in cities of over six thousand, not 
county seats, in counties having a population of 53,000 to 
70,000.^« 

County attorneys were released from the provisions of 
Section 301 of the Supplemental Supplement to the Code of 
Iowa, 1915, providing that they should not appear before 
the board of supervisors in applications to establish, vacate, 
or alter highways. 

Section 471 of the Code forbidding the county auditor to 
issue any county warrant except upon the recorded vote or 
resolution of the board of supervisors, except for jury fees, 
was repealed; and the substitute which was enacted enumer- 
ates five different cases, all connected with the work of the 
courts, in which the auditor is permitted to draw warrants 
before the bills have been passed upon by the board of 

45 Acts of the Thirty-seventh General Assembly, Ch. 426. 

46 Acts of the Thirty-seventh General Assembly, Ch. 21. 

47 Acts of the Thirty-seventh General Assembly, Ch. 77. 

48 Acts of the Thirty -seventh General Assembly, Ch. 331. 

49 Acts of the Thirty-seventh General Assembly, Ch. 58. 



51G IOWA JOURNAL OF HISTORY AND POLITICS 



supervisors. The act also permits the board of supervisors 
to authorize the auditor to issue warrants, when the board 
is not in session, for certain fixed charges and for salaries 
previously fixed.^^ 

The fees heretofore charged by the county auditor for 
recording official bonds were abolished.^^ 

An attempt to put the county superintendent of schools 
back upon the elective list failed,^^ but the power of the 
superintendent to appoint a deputy was made subject to 
the approval of the board of supervisors, which must ap- 
pear as a matter of record.^^ 

The provisions of the Constitution of Iowa that the Gen- 
eral Assembly shall pass no local or special law for locating 
or changing county seats, has been an annoying obstacle to 
the representative from Linn County resident in Cedar 
Eapids. For years Cedar Eapids has been trying to secure 
the removal of the county seat from Marion to Cedar Eap- 
ids. Two measures, originally introduced by members 
from Cedar Eapids, relating to the relocation of and the 
removal of county seats were passed. The first permits the 
holding of a special election in any year when no general 
election is held to vote on the question of the removal of 
the county seat.^^ The other provides that those sections, 
relating to the removal of county seats and county records, 
^ ^ shall not apply when the distance between the limits of the 
town, village or city of the proposed county seat and the 
limits of the town, village or city of the then existing county 
seat as said town, village or city limits now exist, does not 
exceed one mile."^^ 

50 Acts of the Thirty-seventh General Assembly, Ch. 356. 

51 Acts of the Thirty-seventh General Assembly, Ch. 215. 

52 House File, No. 26. 

55 Acts of the Thirty -seventh General Assembly, Ch. 317. 
5^ Acts of the Thirty-seventh General Assembly, Ch. 62. 
55 Acts of the Thirty-seventh General Assembly, Ch. 34. 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 517 

Boards of supervisors were authorized to submit to the 
people of the county the question of borrowing money to 
aid in the erection of any public building or for the pro- 
curing of a site or grounds for such public building, or 
both.^^ In another act the amount of real estate which the 
board of supervisors may purchase for county purposes, 
without submitting the question to the voters of the county, 
was raised from $2000 to $5000.^^ The supervisors were 
also given power to remove or change the site of the build- 
ings used for the support of the poor and to sell property 
formerly used for that purpose.^^ Other additional powers 
of the supervisors will be dealt with under the heading of 
good roads. 

TOWNSHIP OFFICERS AND TOWNSHIP GOVERNMENT 

A notable change was made in the method of election of 
township trustees. Heretofore all of the trustees have 
been elected at the same time, at the same general election, 
for a term of two years. At the general election in 1918 
one trustee will be elected for a term of two years, one for 
three years, and one for four years. After 1920 each trustee 
will have a three-year term, so arranged that one member 
will retire annually.^^ The compensation of township trus- 
tees, clerks, and assessors was increased one dollar per 
day.^^ 

The township trustees were authorized to fix an amount 
which each person might at his option pay in money in lieu 
of two days work to satisfy his poll tax — the money so 
received to be spent on the public roads. 

56 Acts of the Thirty -seventh General Assemhly, Ch. 304. 

57 Acts of the Thirty-seventh General Assemhly, Cli. 332. 

58 Acts of the Thirty-seventh General Assembly, Ch. 33. 

59 Acts of the Thirty-seventh General Assemhly, Cli. 204. 

60 Acts of the Thirty-seventh General Assemhly, Ch. 76. 

61 Acts of the Thirty-seventh General Assemhly, Ch. 335. 



518 IOWA JOURNAL OF HISTORY AND POLITICS 



MUNICIPAL LEGISLATION | 

As usual the legislation relating to municipalities was 
more profuse than that on any other subject. Forty acts 
relating to the powers and duties of city government were 
placed on the statute books, and in addition it required 
sixty-seven legalizing measures to validate the acts of cities 
and towns where doubts as to their legality had arisen. 

Municipal Government. — Cities acting under special 
charters were authorized to accept the provisions of the city 
manager plan if they so desire ; and the provisions of the 
city manager plan act were amended by eliminating the re- 
quirement that petitioners signing nomination papers for 
councilmen shall be freeholders.^^ 

Municipal Powers. — An important act — which applies, \ 
however, only to cities the population of which would rank ' 
them as first class — was passed according to which, upon 
the petition of sixty per cent of the resident owners of the 
real estate in the district sought to be affected, the council 
is required to designate and establish, by appropriate pro- [ 
ceedings, restricted residence districts. Under the provi- 
sions of this act, reasonable rules and regulations may be 
made concerning the erection, reconstruction, altering, or 
repairing of all kinds of buildings within the district, as ! 
well as the use and occupancy of such buildings. The 
council may also provide by ordinance that no building or 
other structure — except residences, school houses, 
churches, and other similar structures — can be erected, 
altered, repaired, or occupied without a permit from the 
city council. Any building erected or repaired in violation 

62 Acts of the Thirty-seventh General Assembly, Ch. 68. 

63 Acts of the Thirty -seventh General Assembly, Ch. 15. \ 

f 
t 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 519 



of such an ordinance is declared to be a nuisance, and the 
council is authorized to provide for its abatement.^* 

Cities located upon any navigable river, forming a part 
of the boundary of the State, are authorized, where a tax has 
previously been voted and paid to aid any company in the 
construction of a highway or combination bridge across 
such river, to purchase such bridge and its approaches; 
and they may issue bonds for payment, and the council may v 
fix the toll rates.^^ 

The powers granted to the councils of cities and towns in 
Section 719 of the Code, relating to the licensing and regu- 
lation of ferries, are conferred on the commissioners *4n 
cities under special charters which have established levee 
improvement commissions The commission is also 
authorized to prescribe the character of ferry docks and to 
make provision for the licensing and operating of such 
ferries. 

An act of 1915 giving special charter cities having a pop- 
ulation of over 25,000 the right to put all property inside 
the curb line in the hands of the park commissioners was 
amended to make it applicable to all special charter cities.^"^ 

The law authorizing a tax of one and a half mills for the 
purpose of acquiring property for the use and equipment of 
the fire department was made applicable to cities of 3000 
population and over.^^ The law heretofore applied only to 
cities of 5000 and over. A substitute was enacted for Sec- 
tion 716-a of the Supplement to the Code of Iowa, 1913, 
relating to the levy of taxes for the maintenance of fire 
departments in cities of different sizes. According to the 

64 Acts of the Thirty -seventh General Assembly, Ch. 138. 

65 Acts of the Thirty -seventh General Assembly, Ch. 140. 

66 Acts of the Thirty-seventh General Assembly, Ch, 53. 

67 Acts of the Thirty -seventh General Assembly, Ch. 174. 

68 Acts of the Thirty-seventh General Assembly, Ch. 151. 



520 IOWA JOURNAL OF HISTORY AND POLITICS 



now act cities of over 9000 may levy not to exceed six mills 
per year; cities of 9000 and under may levy not to exceed 
three mills per year ; and towns may levy not to exceed two 
mills per year. Commission-governed cities, however, of 
over 90,000 can not exceed a three-mill levy.^^ 

The law creating a board of police and fire commissioners 
in cities of the first class, was extended to cities with a 
population of eight thousand or more .... having a 
paid fire department. "^^ 

Cities and towns were authorized to use the city hall for 
general community purposes — an act which will be con- 
sidered in detail under another heading (see p. 529). 

The act of the Thirty-sixth General Assembly providing 
for the publication or posting of the proceedings of any 
city or town council was so amended as to provide that in 
cities and towns in which no newspaper is published, the 
statement and lists of claims required to be made public 
should be posted in at least three public places on the busi- 
ness streets of such city or town.'^^ 

Municipal Finance. — A large number of acts relating to 
municipal taxation and municipal indebtedness were passed. 
Cities and towns of less than 8800 population are author- 
ized, within certain limitations, to make transfers from 
certain funds to certain other funds by the unanimous vote 
of the council and the approval of the judge of the district 
court of the county in which such city or town is located."^ ^ 

That section of the Code which permits cities of the first 
class to levy an annual tax not exceeding three mills on the 
dollar for a city bridge fund was amended by authorizing 

Acts of the Thirty-seventh General Assembly, Ch. 131. 

70 Acts of the Thirty -seventh General Assembly, Ch. 195. 

71 Acts of the Thirty-seventh General Assembly, Ch. 157. 

72 Acts of the Thirty-seventh General Assembly, Ch. 126. 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 521 

cities with a population of over 35,000, whose corporatt^ 
limits are divided by a meandered stream, to levy an addi 
tional mill.'^ 

Incorporated towns as well as cities may now levy a three 
mill tax for a grading fundJ^ 

Cities of the second class and towns may now levy taxes 
for the purpose of constructing outlets and purifying plants 
for sewers and may assess the costs by the levying of spe- ' 
cial assessments in connection with the construction of 
sanitary sewersJ^ 

Cities of 50,000 or over are given power to erect a munic- 
ipal court building, and are authorized to levy a special tax 
of not to exceed one mill on the dollar in any one year for a 
period of years not exceeding fifty. Such cities may also 
anticipate the tax by the issuance of bonds, but before any 
action can be taken the proposition must be submitted to a 
vote of the peopled ^ 

Provision was made so that street improvement bonds 
shall be issued against the property subject to assessment 
therefor", instead of against abutting property/"^ 

*'The expense of the gas light, electric light or power 
inspection department of the city, including the salaries of 
inspectors therein", may be paid for out of the tax levied 
for gas, electric light, or power as now authorizedJ^ 

The provision of the Code that no single municipal war- 
rant should be drawn for an amount in excess of $500 was 
made to read $1000/^ 

73 Acts of the Thirty-seventh General Assemtly, Ch. 43. 

Acts of the Thirty-seventh General Assemhly, Ch. 45. 
75 Acts of the Thirty -seventh General Assembly, Ch. 222. 
"^Q Acts of the Thirty-seventh General Assemhly, Ch. 17. 

Acts of the Thirty-seventh General Assemhly, Ch. 244. 

Acts of the Thirty-seventh General Assemhly, Ch. 375. 
79 Acts of the Thirty -seventh General Assemhly, Ch. 196. 



522 lOAVA JOURNAL OF HISTORY AND POLITICS 



A number of verbal changes were made in Section 1306-b 
of the Supplement to the Code of Iowa, 1913, regarding 
municipal indebtedness, making more clear the powers of 
municipalities in contracting indebtedness for purchasing, 
erecting, extending, or maintaining and operating water 
works, electric light and power plants, and other public 
utilities.^^ Another act permits cities and towns to become 
indebted for the construction of transmission lines.^^ 

All cities of the first class are permitted to issue serial 

bonds for the purchase of real estate for park or other 

municipal purposes, ^^but none of such bonds, so issued, 

shall be due and payable in more than fifty years from 
date,"«2 

Commission-governed and special charter cities may 
issue city or town hall bonds, and may become indebted for 
such a purpose ''in an amount which, added to all other 
indebtedness, shall not exceed five per centum of the actual 
value of the taxable property in such city'\^^ 

Several other acts granting powers or otherwise affect- 
ing cities and towns will be considered under other headings. 

PUBLIC UTILITIES 

Apparently no attempt was made to create a public utili- 
ties commission at this session of the G-eneral Assembly, 
and only a few laws regulating utilities were enacted. One 
provides that street and interurban railway passenger cars 
must be heated to at least forty degrees Fahrenheit from 
November 15th to April Ist.^^ The other provides that new 

80 Acts of the Thirty-seventh General AssemMy, Ch. 85. 

81 Acts of the Thirtyseventh General Assembly, Ch. 303. 

82 Acts of the Thirty-seventh General Assembly, Ch. 7. 

83 Acts of the Thirty -seventh General Assembly, Ch. 220. 

84 Acts of the Thirty-seventh General Assembly, Ch. 320. 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 523 

lines of teleplione or telegraph poles hereafter constructed 
shall be located hj the county engineer ''upon written appli- 
cation filed with the county auditor describing the highways 
upon which such lines, or parts of lines, are to be construct- 
ed'\^^ The power given to cities in the matter of levying 
taxes to construct or purchase public utilities has been men- 
tioned above.-^^ Public utility companies seem to have been 
very active in the State during the past two years, for 
thirty-four acts legalizing ordinances granting franchises 
for electric light and power plants where doubts of legality 
had arisen, were passed, as were also two acts for street 
railways and two acts for heating plants. 

HIGHWAY LEGISLATION 

Probably no subject of proposed legislation aroused such 
intense and bitter feeling as did highways — especially the 
attempt to abolish the State Highway Commission. It was 
largely upon this issue that the campaign for the speaker- 
ship hinged. Although the highways committee of the 
House was said to have been ''hand-picked" by the Speaker 
to facilitate the abolition of the highway commission,^"^ the 
present highway commission law was finally saved by a 
vote of fifty-four to fifty-four after a long and bitter con- 
test, the after-effects of which were reflected in many votes 
on pending measures. 

Provision was made for the acceptance by the State of 
the conditions of the Federal road aid act for the improve- 
ment and maintenance of rural post roads.^^ Under the 
Federal act, it is estimated, the State of Iowa will receive 
about $2,192,540.35 during the next five years, on condition 

85 Acts of the Thirty -seventh General Assembly, Ch. 410. 

86 See above, p. 522. 

87 The Iowa Magazine, April-May, 1917, p. 8. 

88 ^c*s of the Thirty-seventh General Assembly, Ch. 249. 



524 lOAVA JOURNAL OF HISTORY AND POLITICS 

that the State shall appropriate an equal sum, and guar- 
antee adequate and satisfactory maintenance of all roads 
built with the aid of Federal funds.^^ The legislature made 
provision for the payment of the State's share out of the 
automobile license fund, which will be equitably appor- 
tioned among the counties of the State. 

There seems to be general agreement that the road patrol 
act was the most important piece of highway legislation 
enacted/^^ According to its provisions the board of super- 
visors of each county is required to appoint patrolmen for 
the county road system, who are to be known as county 
road patrolmen. They are to hold office at the pleasure of 
the board, which also fixes their compensation. The patrol- 
men must give their entire time to the work during the 
road working season, and they must go over all the roads 
in their particular section at least once each week. It is the 
duty of the patrolmen to see that the roads are dragged 
after each rain, and at such other times as may be neces- 
sary. They must also remove all trash, debris, or other 
impediments from the entrance to sluices, culverts, and 
bridges and keep them free from obstruction. They must 
keep the side ditches along the grade open and provide 
ample outlets, remove loose stones and other impediments 
from the beaten track of the highway, fill depressions, and 
keep the roads free from ruts, water pockets, and mud 
holes. They must also keep the approaches to bridges and 
culverts free from bumps. This act and the acceptance of 
the Federal aid road act have been heralded as marking 
^Hhe beginning in more rapid progress in permanent road 
building in lowa."^^ 

89 Iowa state Highway Commission Service Bulletin, Vol. V, Nos. 4-5, pp. 
5, 6. 

90 Acts of the Thirty-seventh General AssemMy, Cli. 316. 

91 Iowa State Highway Commission Service Bulletin, Vol. V, Nos. 4-5, p. 12. 



THE THIRTY-SEVENTH GENERAL ASSEMBLY 525 



Other laws relating to highways and good roads of lesser 
importance were enacted. Thus an act was passed p